When Can Damages Be Claimed ?

Karmanpreet kaur*

Damages is the main remedy both in action for breach of contract as well as in an action for tort. In order to be successful in an action for tort the plaintiff has to prove that there has been a legal damage caused to him. It has to be proved that there was a wrongful act or omission causing breach of a legal duty or the violation of legal right vested in the plaintiff.

Law of equity holds that if there is a breach of right then the right which is breached is incomplete without the availability of a proper remedy. What is actionable is the violation of a legal right. Therefore, when there is no violation of a legal right no action can lie in a court of law even though the defendant’s act has caused some loss or harm, or damage to the plaintiff.

The correlation between actual loss and legal injury is expressed by two legal maxims; “Injuria Sine Damno and Damnum Sine Injuria”. 

There are some cases of tort where there is no need to prove that as a consequence of an act, the plaintiff has suffered any harm. The only thing which has to be proved is that the plaintiff’s legal right has been violated. Ashby versus White (1703) 1 Lord Raym 938; is a leading case explaining the maxim injuria sine damno. The plaintiff was a qualified voter at a Parliamentary election, but the defendant, a returning officer, wrongfully refused to take the plaintiff’s vote. The defendant was held liable for the violation of a legal right of the plaintiff. 

Similarly, a breach of contract results from the breach of a duty undertaken by the parties themselves. The contract, the violation of which is known as a breach of contract is made by the parties with their free consent. A tort results from a breach of such duties which are not undertaken by the parties themselves but which are imposed by law. Since every legal right has a corresponding legal duty, every breach of a legal duty towards an individual or the world at large is actionable on account of resultant legal damage.

Irrespective of the fact whether an actual or substantial loss has been caused to a person, only when there is breach of a legal duty by which some person or persons suffer a violation of a legal right, can damages be claimed. 

* Student of Final Year B.A.LL.B , Panjab University, Regional Centre , Hoshiarpur