ACTIO DAMNI INJURIA Meaning and
Definition
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Actio Damni Injuria is a legal term derived from Roman law, which refers to the legal action taken for damages resulted from an injury caused by an unlawful act. The phrase consists of two parts: "actio," meaning "action" or "legal remedy," and "damni injuria," which can be translated as "damage through wrongdoing" or "harm to a person's right."
In legal contexts, Actio Damni Injuria represents a specific cause of action that an injured party can bring in a civil court to seek compensation for harm caused by another's wrongful conduct. This action focuses on the damages and injury inflicted by the defendant's actions, rather than focusing solely on the wrongful act. It implies that the plaintiff has suffered not only a direct physical or material injury but also a violation of their rights or interests.
To succeed in an Actio Damni Injuria claim, the plaintiff must demonstrate that there was an invasion or violation of a legal right by the defendant, which resulted in damage to their person, property, reputation, or any other protected interest. This legal remedy primarily aims to restore the injured party to their previous position before the wrongful act occurred, typically through monetary compensation.
Actio Damni Injuria is a fundamental principle of modern civil law systems, as it helps to protect individuals from harm, regulates conduct by establishing liability for damages, and ensures that individuals are held accountable for their wrongful actions.
