general conditions of liability and essential elements of liability

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Lesson no 2

General conditions of liability and essential elements of liability

The below mention are the conditions or the essential elements of liability in tort.

Wrongful Act: - To constitute tort there must be a wrongful act committed by the defendant. The

expression “wrong act” denotes to commission of an act which is contrary to law or omission of 

act.

Omission of act for example :- BM fails to maintain a construction situated in the city or if a

construction is collapsed causing death of people then BM is liable in tort.

To constitute tort the act must be wrongful in the eyes of law and not according to the parties.

The act wrongful amounting to tort is decided by the court. !n other words the wrongful act

committed by a person is tort or not is decided by the court.

Injuria Sine Damno :- !n"ury to an indi#idual legal rights without any loss or damage

The term “!n"uria” means infringement or #iolation of a legal right.

“$ine” means without or in the absence of

“%amno” means physical or mental damage or otherwise

Thus the term !n"uria $ine %amno means !nfringement or &iolation of legal right without

damage. !n this 'laintiff(s legal right is affected but has not suffered any loss or damage.

)shby #*s +hite ,/01 0 2d 3ayn 456

!n this case plaintiff legal right of #oting was #iolated or infringed. The defendant a #oting

officer pre#ented the plaintiff from #oting. The plaintiff filed a suit in the court e#en though the

candidate to whom he intended to #ote got elected. The defendant was held liable on the ground

that plaintiff legal right was infringed or #iolated.

Damnum Sine Injuria : - %amage without the infringement of legal rights

!n this case plaintiff suffers loss or damage with any in"ury to his legal right. 7ence plaintiff suit

is not actionable.

The term %amnum means damage which is physical8 mental or otherwise.

$ine means without or in absence of

!n"uria means infringement or #iolation of legal rights

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