Obligation; Damnum and Injuria — KSLU Jurisprudence Notes

Obligation; Damnum and Injuria

Obligation is the vinculum juris [legal bond] by which one person is bound to a performance toward another — proprietary right in personam. Sources: contract, delict/tort, quasi-contract (unjust enrichment), and breach of trust. The maxim pair every paper loves: damnum sine injuria — loss without violation of a legal right is not actionable (Gloucester Grammar School, 1410 — the rival school lawfully ruined the old one) and injuria sine damno — violation of a legal right is actionable without proof of loss (Ashby v. White, 1703 — the rejected voter recovered though his candidate won).