Damnum Absque Injuria

What is 'damnum absque injuria'?

This is a latin phrase literally meaning.. 'damage without injury'
Is it possible that there can be damages without injury?
Damages are an award, typically of money, to be paid to a person as compensation
for loss or injury. The rules for damages can and frequently do vary based on th
e
type of claim which is presented (exempli gratia, breach of contract versus a to
rt claim)
and the jurisdiction.
Injury may include physical hurt as well as damage
to reputation or dignity, loss of a legal right or breach of contract.
If the party causing the injury was either willful (intentionally causing harm)
or negligent then he/she is responsible (liable) for payment of damages for the
harm caused.
The whole phrase 'damnum absque injuria' means:
Loss, hurt, or harm without injury in the legal sense, that is,
without such an invasion of rights as is redressible by an action.
A loss which does not give rise to an action of damages against
the person causing it; as where a person blocks up the windows of
a new house overlooking his land, or injures a person s trade by setting up
an establishment of the same kind in the neighborhood.
There are cases when the act of one man may cause a damage or loss to another,
and for which the latter has no remedy; he is then said to have received
damnum absque injuria; as, for example,
if a man should set up a school in the neighborhood of another school,
and, by that means, deprive the former of its patronage; or if a man should
build a mill along side of another, and consequently reduce his custom.
In this case: Wassmer v Velez
Beatriz Wassmer and Francisco Velez arranged their marriage to be held
on September 4 of the same year. The bride-to-be has been devoted with
all the preparations for their wedding. However, two days before their
marriage, francisco left a note that they must postpone the marriage for
his mother was against it. A day before their wedding, he wrote again that
the wedding shall push through. Worse, he did not show up on their wedding
day causing Wassmer to be publicly humiliated.
The breach of promise to marry made by Velez prompted Wassmer to file a
civil suit against the former. Velez never filed an answer, thus, awarding
moral and exemplary damages to Wassmer.
Velez appealed on the court and stated that he failed to attend the
wedding day because of fortuitous events. He also insisted that he
cannot be civilly liable for there is no law that acts upon the breach of promis
e to marry.
He also contested the award of moral and exemplary damages.
A mere breach of promise to marry is not an actionable wrong.
However, Wassmer has already made preparations for the wedding.
Velez s failure to appear on the wedding day is contrary to morals,
good customs and public policy which is embodied on Article 21 of the Civil Code
.
Under the law, the injured party is entitled to moral damages as well as to
exemplary damages because Velez s acted in wanton, reckless and oppressive manner
(Article 2232) in breaching his promise to marry Wassmer.

Which in this case makes it an example as damnum absque injuria.