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GLOSSARY

Damnum injuria datum definition

What does Damnum injuria datum mean?

A loss caused by a legal wrong.

This common law principle underpins the law of delict. The loss may be physical injury, harm to property or financial loss. The legal wrong may be intentional or unintentional. Datum means that there must be a causal connection between the legal wrong and the loss before the law will provide a remedy; there must be fault. Delict covers legal responsibility between parties for intentional and unintentional civil wrongs. Intentional wrongs include assault, trespass, economic duress, fraud and passing off. Unintentional wrongs are, broadly, negligent. While many principles and key cases are the same, Scottish delict and English torts are not identical.


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