Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Damnum
n. I Latin I A loss; damage suffered. Pl.
Damnum sine injuria esse potest
There can be damage without any act of injustice.
Fictio legis inique operatur alicui damnum vel injuriam
Fiction of law works unjustly if it works loss or injury to anyone.
Lex citius tolerare vult privatum damnum quam publicum malum
The law would sooner endure a private loss than a public evil.
Mulcta damnum famae non irrogat
A fine does not impose a loss of reputation.
Nemo damnum facit, nisi qui id fecit quod facere jus non habet
No one does damage except the person who did what he has no right to do.
Non omne damnum inducit injuriam
Not every loss produces an injury (i.e.gives a right to action)
Quod quis ex culpa sua damnum sentit, non intelligitur damnum sentire
The damage that any person suffers by his own fault he is not considered to suffer as damage. Dig. 50.17.203.
Ubicunque est injuria, ibi damnum sequitur
Wherever there is a legal wrong, there damage follows.
ad damnum clause
[Latin "to the damage"] A clause in a prayer for relief stating the amount of damages claimed. See PRAYER FOR RELIEF."Where the amount the plaintiff is entitled to recover appears from the statement of facts - as where the amount due the plaintiff is alleged on breach of a money demand, the demand of judgment may take the place of an ad damnum clause." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 209 (2d ed. 1899).
ad quod damnum
[latin "to what damage"] hist. a writ directing the sheriff to inquire of jurors under oath to what damage a grant (as of a fair, market, liberty, or other franchise) would be to various people if the king were to snake the grant. ( the writ. was issuable from the court of chancery. -also termed writ of ad quod damnum.
damnum absque injuria
See DAMNUM SINE INJURIA.
damnum emergens
n. [Latin "damage arising"] Roman law. An actual realized loss (such as a decline in the value of property) as opposed to an expected future loss (such as loss of profit). "These kinds of damage are distinguished by the commentators as damnum emergens and lucrum cessans, which may be rendered 'positive damage' and 'loss of profit.' The first may be immediate (e.g., my slave is killed or has lost an eye), or consequential (I have lost his services - I have incurred medical expenses - he was one of a troupe of singers and the whole troupe is less valuable in consequence of his death or injury). Where there is no pecuniary loss there is no action. An action does not lie . . . for striking a slave if his value to me has not been depreciated by the blow nor for trespass to land unattended by damage." R.W. Lee, The Elements of Roman Law 394 (4th ed. 1956).
damnum facientes
n. See DAMAGE FEASANT.
damnum fatale
n. [Latin "accidental damage"] Roman law. Damage caused by an unavoidable circumstance, such as a storm or a shipwreck, for which bailees or others will not be held liable. ( But an exception was made for damages resulting from theft. "The liability of innkeepers, carriers, and stable keepers, at Roman law, was provided for in the praetor's edict. They were under an obligation to restore all goods which the guests or passengers had with them, or left in their charge, and they could not defend themselves by showing the utmost degree of diligence. Unavoidable accident, which no human prudence would avert or provide against, damnum fatale, or overwhelming force, uis maior, were, however, an adequate defense .... lt was particularly noted that theft by a third person would not be permitted as a defense and the reason assigned was the fact that travelers have scarcely any chance to protect themselves against collusion between the innkeeper and the thief." Max Radin, Handbook of Roman Law 254 (1927).
damnum infectum
[Latin] Roman law. Loss not yet suffered but threatened or apprehended, as when a neighbor's building is about to collapse onto one's property.
damnum injuria datum
[Latin] Roman law. The willful or negligent damage to corporeal property.
damnum sine injuria
[Latin "damage without wrongful act"] Loss or harm for which there is no legal remedy. - Also termed damnum absque injuria. Cf. INJURIA ABSQUE DAMNO. "There are cases in which the law will suffer a man knowingly and wilfully to inflict harm upon another, and will not hold him accountable for it. Harm of this description - mischief that is not wrongful because it doe not fulfil even the material conditions of responsibility is called damnum sine injuria, the term injuria bean, here used in its true sense of an act contrary to law in jus), not in its modern and corrupt sense of harm." John Salmond, Jurisprudence 372-73 (Glanville L. William; ed., 10th ed. 1947). "There are many forms of harm of which the law takes no account. Damage so done and suffered is called damnum sine injuria, and the reasons for its permission by the law are various and not capable of exhaustive statement. For example, the harm done may be caused by some person who is merely exercising his own rights; as in the case of the loss inflicted on individual traders by competition in trade, or where the damage is done by a man acting under necessity to prevent a greater evil." R.F.V. Heuston, Salmond on the Law of Torts 13 (17th ed. 1977).
writ of ad quod damnum
See AD QUOD DAMNUM.