Scribd Logo
Upload

Welcome to Scribd!

  • 145 views

    Damnum Absque

    Uploaded by

    Jason Ronald B. Grabillo
    This document defines and discusses the legal term "damnum absque injuria", which means "loss or damage without injury in a legal sense". It provides examples of situations that could constitute damnum absque injuria, such as one person opening a competing business that reduces another's customers. The document then summarizes a case where a man broke his promise to marry a woman, publicly humiliating her by not showing up to their wedding. While typically a broken marriage promise alone would not be legally actionable, the courts in this case ruled damages were warranted since the woman had made preparations for the wedding in reliance on the man's promise. This case provided an example of damnum absque injuria.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd

    Damnum Absque

    Uploaded by

    Jason Ronald B. Grabillo
    145 views2 pages
    This document defines and discusses the legal term "damnum absque injuria", which means "loss or damage without injury in a legal sense". It provides examples of situations that could constitute damnum absque injuria, such as one person opening a competing business that reduces another's customers. The document then summarizes a case where a man broke his promise to marry a woman, publicly humiliating her by not showing up to their wedding. While typically a broken marriage promise alone would not be legally actionable, the courts in this case ruled damages were warranted since the woman had made preparations for the wedding in reliance on the man's promise. This case provided an example of damnum absque injuria.

    Original Description:

    meaning of damnum absque injuria

    Copyright

    © © All Rights Reserved

    Available Formats

    TXT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document defines and discusses the legal term "damnum absque injuria", which means "loss or damage without injury in a legal sense". It provides examples of situations that could constitute damnum absque injuria, such as one person opening a competing business that reduces another's customers. The document then summarizes a case where a man broke his promise to marry a woman, publicly humiliating her by not showing up to their wedding. While typically a broken marriage promise alone would not be legally actionable, the courts in this case ruled damages were warranted since the woman had made preparations for the wedding in reliance on the man's promise. This case provided an example of damnum absque injuria.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    145 views2 pages

    Damnum Absque

    Uploaded by

    Jason Ronald B. Grabillo
    This document defines and discusses the legal term "damnum absque injuria", which means "loss or damage without injury in a legal sense". It provides examples of situations that could constitute damnum absque injuria, such as one person opening a competing business that reduces another's customers. The document then summarizes a case where a man broke his promise to marry a woman, publicly humiliating her by not showing up to their wedding. While typically a broken marriage promise alone would not be legally actionable, the courts in this case ruled damages were warranted since the woman had made preparations for the wedding in reliance on the man's promise. This case provided an example of damnum absque injuria.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    You are on page 1of 2

    Damnum Absque Injuria

    What is 'damnum absque injuria'?


    This is a latin phrase literally meaning.. 'damage without injury'
    Is it possible that there can be damages without injury?
    Damages are an award, typically of money, to be paid to a person as compensation
    for loss or injury. The rules for damages can and frequently do vary based on th
    e
    type of claim which is presented (exempli gratia, breach of contract versus a to
    rt claim)
    and the jurisdiction.
    Injury may include physical hurt as well as damage
    to reputation or dignity, loss of a legal right or breach of contract.
    If the party causing the injury was either willful (intentionally causing harm)
    or negligent then he/she is responsible (liable) for payment of damages for the
    harm caused.
    The whole phrase 'damnum absque injuria' means:
    Loss, hurt, or harm without injury in the legal sense, that is,
    without such an invasion of rights as is redressible by an action.
    A loss which does not give rise to an action of damages against
    the person causing it; as where a person blocks up the windows of
    a new house overlooking his land, or injures a person s trade by setting up
    an establishment of the same kind in the neighborhood.
    There are cases when the act of one man may cause a damage or loss to another,
    and for which the latter has no remedy; he is then said to have received
    damnum absque injuria; as, for example,
    if a man should set up a school in the neighborhood of another school,
    and, by that means, deprive the former of its patronage; or if a man should
    build a mill along side of another, and consequently reduce his custom.
    In this case: Wassmer v Velez
    Beatriz Wassmer and Francisco Velez arranged their marriage to be held
    on September 4 of the same year. The bride-to-be has been devoted with
    all the preparations for their wedding. However, two days before their
    marriage, francisco left a note that they must postpone the marriage for
    his mother was against it. A day before their wedding, he wrote again that
    the wedding shall push through. Worse, he did not show up on their wedding
    day causing Wassmer to be publicly humiliated.
    The breach of promise to marry made by Velez prompted Wassmer to file a
    civil suit against the former. Velez never filed an answer, thus, awarding
    moral and exemplary damages to Wassmer.
    Velez appealed on the court and stated that he failed to attend the
    wedding day because of fortuitous events. He also insisted that he
    cannot be civilly liable for there is no law that acts upon the breach of promis
    e to marry.
    He also contested the award of moral and exemplary damages.
    A mere breach of promise to marry is not an actionable wrong.
    However, Wassmer has already made preparations for the wedding.
    Velez s failure to appear on the wedding day is contrary to morals,
    good customs and public policy which is embodied on Article 21 of the Civil Code
    .
    Under the law, the injured party is entitled to moral damages as well as to
    exemplary damages because Velez s acted in wanton, reckless and oppressive manner
    (Article 2232) in breaching his promise to marry Wassmer.

    Which in this case makes it an example as damnum absque injuria.

    You might also like