LEGAL PRINCIPLE: TORT LAW — Negligence — Requirement of Actual Damage
PRINCIPLE STATEMENT
Negligence alone does not give a cause of action, damage alone does not give a cause of action; the two must co-exist.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in International Messengers Nig. Ltd v. Nwachukwu (2004) NLC-1322000(SC) at p. 13; Paras C–D.
"Negligence alone does not give a cause of action, damage alone does not give a cause of action; the two must co-exist."
EXPLANATION / SCOPE
Negligence and damage must co-exist to give a cause of action. Neither negligence alone nor damage alone suffices. The principle applies to all negligence claims. The plaintiff must prove both breach of duty and resulting damage. The rule prevents claims based on mere carelessness without harm. The court must find both elements present.