No Liability Without Damages: Misguided Argument

torts general intermediate agree_disagree

Yaar, I've seen this claim floating around in some books and online resources - that there can be no liability in a tort without actual damages. Main problem with this argument is it completely ignores the concept of prima facie tort. As per Indian case law, a prima facie tort is a tort that can be proven by facts alone, without the need for actual losses. Think about it, if someone spreads malicious rumors about you, causing harm to your reputation, you can still sue them, even if you haven't suffered any quantifiable damages. Prima facie torts are a clear example of where liability can be established without actual damages. The argument that liability requires damages is a gross oversimplification of tort law.

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Nandini ยท Law Enthusiast

Bhai, yeh logic no liability without damages ka hi aadhar par hai, lekin kya yeh sahi hai? If you don't allow a claimant to claim for damages, kya voh case bhi khatam nahin hoga? I think yeh argument misguided hai. Claimants should be allowed to claim for nominal damages, chahiye to yeh concept of no liability without damages ko clarify karna hai.