Gluoucester grammar school case ( 1410) YB 11hen 4 of 47

Full Case Details

Facts

• There the defendant, a schoolmaster, set up a rival school to that of the plaintiffs.

• Because of the competition, the plaintiffs had to reduce their fees from 40 pence to 12 pence per scholar per quarter.

Principles

It was held that the plaintiffs had no remedy for the loss thus suffered by them

• Hankford J. said : Damnum may be abseque iniuria. as if I have a mill and my neighbour builds another mill whereby the profit of my mill is diminished, I shall have no action against him, although I am damaged     but if a miller disturbs the water from going to my mill, or does any nuisance of the like sort, I shall have such action as the law gives
• "The mere fact that a man is injured by another’s act gives in itself no cause of action; if the act is deliberate the party injured will have no claim in law even though the injury is intentional, so long as the other party is exercising a legal right.
• No