Western scholars, from as early as the late eighteenth century, understood that a neoliberal conception of a free market necessarily entailed the infliction of harm by parties upon each other for which there was no legal compensation--a doctrine named damnum
Constitutional law raises these kinds of questions, and another one that was not discussed much in the Lex, which asks about the kinds of remedies for threatened harms, or damnum
infectum, that were dealt with in other Roman texts on the subject.
compensable injury and damnum
absque injuria in the notion of
The title to damnum
emergens is the extrinsic title of the lender
Par un long processus de generalisation puisant ses racines dans la formule du damnum
injuria factum, qui s'est progressivement transformee en damnum
injuria et culpa datum, c'est-a-dire un << dommage inflige illicitement et fautivement >> (24), la clause generale de responsabilite, dans son expression moderne (25), emerge et demeure l'oeuvre de Domat (26).
Disrupting Subsurface Resource Pools is Damnum
47) "Ex tali actione sequitur duplex effectus, unus bonus, scilicet salus mea, alter malus, nempe damnum
proximi; possum autem intendere bonum effectum & me habere permissive ad malum; sicut in defensione occisiva contra injustum aggressorem, .
Rather than limit damage awards to the amount specified in the ad damnum
clause of state pleadings, most states follow the example of Federal Rule of Civil Procedure 54(c), which states that "final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.
705, 707 (1915) ("It is quite within the power of the Legislature to declare that a damage to that form of property known as business or the good will of a business shall be compensated for; but, unless the Constitution or the Legislature has so declared, it is the universal rule of construction that an injury or inconvenience to a business is damnum
absque injuria and does not form an element of the compensating damages to be awarded.
It also stipulates the offence of damnum
iniuria datum (damage unlawfully inflicted).
56) The most popular reforms enacted during the 1970s included: damages caps, mandatory screening panels, tightened up statute of limitations, restrictions on ad damnum
clauses, collateral source rule modification or abrogation, restrictions on contingency fees, and clarification or limitation of the doctrine of informed consent.
Academice Cantabrigiensis ob Damnum
Lucrosum, & Infmlicitatem Fcelicissimam, Luctosus Triumphus (Cambridge: John Legat, 1603).