Gloucester Grammar School Case

King's Bench, EnglandYB 11 Hen 4, fo 47, pl 19 (1410)

Bench: Hankford J

The court held that no action lay. The rival schoolmaster had a lawful right to set up a competing school. The damage suffered by the plaintiff was damnum sine injuria — damage without infringement of a legal right. Competition in trade, however harmful, does not give rise to a tort claim.