It is to anticipate what is calleddamnum infectum or damnum nondum factum, that is, a damage justly apprehended, but not actually done.
But it is desired to lay down no proposition which admits of controversy, and it is enough for the present purposes that Si home fait un loyal act, que apres devint illoyal, ceo est damnum sine injuria.
It will be seen that this order of development is not quite consistent with an opinion which has been held, that it was a characteristic of early law not to penetrate beyond the external visible fact, the damnum corpore corpori datum.
Then we have their threats, malum minatum, then we have evil following the threats, damnum secutum.
The first was the doctrine of "damnum emergens": if a lender suffered loss by the failure of the borrower to return a loan at a date named, compensation might be made.
The old subterfuges of "Damnum emergens" and "Lucrum cessans" are made to do full duty.
Lex citius tolerare vult privatum damnum quam publicum malum=--The law will sooner tolerate a private loss than a public evil.
Damnum appellandum est cum mala fama lucrum=--Gain at the expense of credit must be set down as loss.
Closely allied to the title of damnum emergens was that of lucrum cessans.
The first thing to be noted on passing from the poena conventionalis to interest proper is that the latter ground of compensation was generally divided into two kinds, damnum emergens and lucrum cessans.
Bartolus and Baldus said that damnum emergens and lucrum cessans were divided by a very narrow line, and that it was often difficult to distinguish between them.
The usual example given to illustrate how damnum emergens might arise, was the case of the lender being obliged, on account of the failure of the borrower, to borrow money himself at usury.
We have now discussed the extrinsic titles--poena conventionalis, damnum emergens, lucrum cessans, and periculum sortis.
It is to anticipate what is called damnum infectum, or damnum nondum factum, that is, a damage justly apprehended, but not actually done.
His sister employs the wizard to take off the spell according to his profession; and here isdamnum minatum, et malum secutum, and all legal cause for burning a man to ashes!
The good farmer hardly knew what to think of this; there were the two circumstances deemed of old essential and sufficient to the crime of witchcraft--Damnum minatum, et malum secutum.
The above list will hopefully give you a few useful examples demonstrating the appropriate usage of "damnum" in a variety of sentences. We hope that you will now be able to make sentences using this word.
