Discuss the meaning of the legal damage as an essential element of a tort?

[Law of Torts] – From the point of view of presumption of damage, rights are classified into (1) absolute and (2) qualified. When an absolute right is violated the law conclusively presumes damage although the person wronged may have suffered no pecuniary loss whatsoever. The damage so presumed is called legal damage. Violation of absolute right is actionable per se, i.e., without proof of any damage.

Advertisement

Comments