How to Get Remedy on Legal Damage under Law of Tort
Legal Damage is a vital lawfull terms in judiciary . It is clear and understanable in Law of Tort. In this regards, Law of tort legal damage is dided in tgwo parts . These two parts in Latin term are usable in the court practice .
What is Damnum Sine Injuria ?
Dmnum Sine Injuria means without interference of legal right legal damage. Such as A has a garments shop. B establish a garments shop in front of A. By this way of B’s shop, the sell volume of A is reduced. In this connection B has right to establish a garments shop. But fact is that after establishing a Garment shop of B, A’S Garments shop seeling rate is being reduced. This is legal damage by way of without interference of legal right damge is happend . This is why it is call in Latin Terms ~Damnum Sine Injuria ” . This Latin terms is the most importance terms in Judiciary practice .
What is Injuria Sine Damnum ?
Injuria sine Damnum means to vialate interference of Legal right with out any damage . In this connection , It can say , Some has no right to enter the other’s property. But he or she enter that property wothout doing any legal damage. It is called then,” Injuria Sine Damnum” . So this is an offence of Law of Tort.This tort nature offence can takre remedy in the competent court to initiate a suit in the competent civil and criminal court .
How is Ubi Jus Ibi Remedian ?
Ubi Jus Ibi Remedian means a legal Terms . This terms is originated from Latin language in the Roman Law . It means whewre there is a righ, there have legal remedy. No right by law , no remedy by law is the mean motto of this legal terms. Thus in the Law of Tort this legal terms is usable. So if someone want to get relief or remidy, he must have to prove legal rightnes of the subject matters . Other in the eye of Tort law it is hard to get remedy .
What is Res Ipsa Liquitur ?
Res Ipsa Liquitur is s legal terms in Roman Law . It is usable in Judiciary submission . It mean the plaintiffs has option o for proving the cause of action or the fact of action , he just prove his the incident only , But in regards of defendant has to prove the fact of the incident. So through this legal terms defendants is bound to prove . So this terms is relaxable to plaintiffs and it is the defendants has to prove himself . This legal terms is practiceable in the court .
What is Doctrine of Cypress ?
Doctorine of Cypress is an important doctrone in the judiciary in Bangladesh. It is usually practiceable specially in the Act of Trust Law . It means if the full task is unable perform , it may be a some task can be done. Like as A vested some property to B to make a college , Here B is Trustee. B try to make a College but did not able to make a coolege, rather he made a school. This i scalled ” Doctrine of Cypress”. It actually means , a partial works may done in stead of full task. This is motto of of ” Docorine of Cypress?.
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