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damage


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N.

Loss or harm. Not all forms of damage give rise to a right of action; for example, an occupier of land must put up with a reasonable amount of noise from his neighbours (see nuisance), and the law generally gives no compensation to relatives of an accident victim for grief or sorrow, except in the limited statutory form of damages for bereavement (see fatal accidents). Damage for which there is no remedy in law is known as damnum sine injuria. Conversely, a legal wrong may not cause actual damage ( injuria sine damno). If the wrong is actionable without proof of damage (such as trespass to land) and no damage has occurred, the claimant is entitled to nominal damages. Most torts, however, are only actionable if damage has been caused (see negligence). In libel and some forms of slander, damage to reputation is presumed.

Subjects: Law.


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