Damages
“Damage” means the harm or loss suffered or presumed to be suffered by a person as a result of some wrongful act of another. The sum of money awarded by the court to compensate “damage” is called “damages”. There are two types of damages: compensatory and punitive. Compensatory damages are intended to compensate the injured party for his loss or injury. Punitive damages are awarded to punish a wrongdoer. Damages are also liquidated and unliquidated. Liquidated damages are those in which the damages are prefixed i.e. the amount of compensation is already fixed and unliquidated damages are those in which the damages are not prefixed and the court decides the compensation.
Damages can also be classified as aggrevated and exemplary damages.…show more content… There are many acts which, though harmful, are not wrongful and give no right of action. “damnum sine injuria” may be absque injuria.
Cases of damnum sine injuria:
Chasemore v. Richards : A landowner and mill owner who had for about six years enjoyed the use of a stream, which was chiefly supplied by percolating underground water, lost the use of the stream after an adjoining owner dug on his own ground in extensive well for the purpose of supplying water to the inhabitants of the district. In an action brought by the landowner it was held that he had no right of action.
Gloucester grammar school case : In this case there was an established school in the locality. A new school was set up which charged lower fees on account of which people started patronising the new school. The old school filed a case against the latter, saying that they had caused them financial loss and claimed compensation. The court held that no legal right had been violated and as such no compensation can be granted. Thus, if damage is caused which does not lead to violation of a legal…show more content… Bharat Petroleum Corporation & Ors. : It is a civil case where an advertisement published in the Oriya daily, The Sambad, inviting applications for selection of dealer for opening of a Retail Outlet at Banki by Bharat Petroleum Corporation Limited. Writ Petition was filed with prayer for quashing of the advertisement. Held: it cannot be said that on opening of a retail outlet at Banki by BPCL, the right of the Petitioner who was an existing retail outlet dealer of Indian Oil Corporation would be infringed. - Writ petition dismissed.
Ashwani v. State of Haryana & Ors. :It is civil case where a petition was filed for quashing public notice inviting the interested persons for auction for site of photo state machine.
Held: no earmarked space and the booth unauthorised cannot be accepted because the temporary structure in the facts and circumstances of the case for installing Photostat machine not impermissible nor any provision has been quoted in that regard - Such an argument cannot be raised by the Petitioner especially when he himself has been running his Photostat machine and Form Counter from the same site .Hence, the petition