All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:
25.

Gloucester Grammar School Case is a landmark case based on which of the following maxim?

A: Damnum sine injuria
B: Injuria sine damnum
C: Volenti non fit injuria
D: Audi alteram partem

The answer is: A

Explanation

The correct option is A: Damnum sine injuria.

This is a Latin legal maxim that literally means "damage without injury". It refers to a situation where a person suffers some loss or harm, but no legal right of that person is violated. In such a case, the person cannot claim any compensation or relief from the person who caused the loss or harm.

This maxim applies to the Gloucester Grammar School Case, which is a landmark case in the Law of Torts. In this case, the defendant was a former teacher of the plaintiff's school, who resigned and opened his own school near the plaintiff's school. He also reduced his fees and attracted many students from the plaintiff's school. This caused financial losses to the plaintiff, who sued the defendant for damages. However, the court dismissed the suit, holding that the defendant had not violated any legal right of the plaintiff, and that he was only exercising his lawful right to compete in business. The court said that the plaintiff had suffered damage without injury, and therefore, the maxim damnum sine injuria applied