A violation of the terms of the contract by one of the binding parties due to a breach of obligations, which also resulted in loss or injury to the plaintiff. The main objective is to restore the economic capacity of the injured party and monetary damages are provided in the form of redress. Do not behave with the level of care that someone of normal prudence would have exercised under the same circumstances. Conduct usually consists of actions, but it can also consist of omissions when there is a duty to act (for example, after a personal injury due to medico-legal negligence, the injured plaintiff must bring an action within 6 years (Victoria, Western Australia and Australian Capital Territory) or within 3 years (New South Wales, Queensland, South Australia, Tasmania and Northern Territory) after first having knowledge of the injury.
Damnum sine Injuria refers to damages without injury or to damages in which no legal right is violated despite the loss that may have been incurred. This means that legal liabilities related to an injury caused by a doctor's negligence will not be eliminated with a second similar injury due to a later event.
