“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).
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.
