DAMNUM
DAMNUM signifies loss or injury of any kind, but in its
particular sense it means loss or injury which a person has sustained in his
property (
damnum datum, factum).
Damnum in this particular sense may include loss
of gain which a person is prevented from realising (
lucrum cessans) as well as loss of actually acquired property
(
damnum emergens). The causes of
damnum are either chance, accident (
casus), or acts or omissions of reasonable human
beings, for which they are held to be responsible.
As a rule no liability arises out of loss or injury to property caused by
accident (
casum nemo praestat). A person is not
liable for
damnum which he causes to another by
the just exercise of a right which belongs to him (
Dig.
39,
2,
26;
47,
9,
3.7): such
damnum is
sine injuria.
Dolus malus or
culpa, i.e. wilful or negligent misconduct on the part of the
person committing
damnum, is, as a rule,
necessary in order to constitute liability; but in exceptional cases a
person may be liable although neither
dolus
malus nor
culpa can be imputed to
him.
A wrongful act by which
damnum is caused may be
either an independent delict, or the breach of some special duty to which a
person has become subject as a breach of contract.
The liability to make good a loss which another has suffered is
praestare damnum.
A person liable for damages is, as a rule, bound to put the injured party in
the same position as he would have been in if the act by which the damage
was done had not been committed. He may also be subject to a penalty. (
Dig. 9, tit. 2; Windscheid,
Pandekten,
§ § 257, 258; Mommsen,
Zur Lehre vom
Interesse; Poste,
Gaius, §
212.)
[
G.L] [
E.A.W]