DAMNUM EMERGENS

damnum  emergens  (dam-n<<schwa>>m  i-m<<schwa>>r-jenz).  [Latin  “damage  arising”]

Hist. An actual realized loss (such as a decline in the value of property) as opposed to an expected

future loss (such as loss of profit); consequential loss.

 

“These  kinds  of  damage  are  distinguished  by  the  commentators  as  damnum  emergens  and

lucrum  cessans, which  may be rendered ‘positive  damage’ and ‘loss of  profit.’ The first may be

immediate (e.g., my slave is killed or has lost an eye), or consequential (I have lost his services —

I have incurred medical expenses — he was one of a troupe of singers and the whole troupe is less

valuable in consequence of his death or injury). Where there is no pecuniary loss there is no action.

An action  does  not lie …  for striking a slave if  his value to  me  has  not been  depreciated by the

blow nor for trespass to land unattended by damage.” R.W. Lee, The Elements of Roman Law 394

(4th ed. 1956).[Blacks Law 8th]