Question

        A was a teacher in B's school. But due to some

    disputes, A set up a rival school to that of     B's school with the result that the B was required to reduce the tuition fees of his school as the students from B's school shifted to A's school as he was popular among students for his teaching. B sued A for the monetary loss caused. What will be the result of this case?
    A A will have to raise his fee again. Correct Answer Incorrect Answer
    B B will get no relief. Correct Answer Incorrect Answer
    C B shall maintain his regular fee, which shall be compensated by A. Correct Answer Incorrect Answer
    D A will be asked to shift his school some kms. away from B's school. Correct Answer Incorrect Answer
    E A will have to compensate B for damage caused. Correct Answer Incorrect Answer

    Solution

    This situation is similar to that in a famous case of Tort Law i.e Gloucester Grammar School Case.   In this case, the defendant was a teacher in the plaintiff’s school. But due to some disputes, he had set up a rival school to that of the plaintiff’s with the result that the plaintiffs were required to reduce the tuition fees of their school as the students from the plaintiff’s school shifted to the defendant’s school as he was popular among students for his teaching. The plaintiff sued the defendant for the monetary loss caused. It was held that plaintiffs had no cause of action against the defendant on the ground that bonafide competitions cause no action, whatever damages it may cause. Compensation cannot be granted as there was no infringement of any legal right. So a situation where damage is caused without any legal injury is known as ‘damnum sine injuria’ which means ‘injury caused without any actual loss.’ So a person who suffers damage without any legal right being violated is not   entitled to compensation.

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