Latest News
Back
Injuria Sine Damnum
Injuria Sine Damno is a violation of a legal right without causing any harm, loss or damage to the plaintiff and whenever any legal right is infringed, the person in whom the right is vested is entitled to bring an action. Every person has an absolute right to his property, to the immunity of his person, and to his liberty and infringement of this right is actionable per se. A person against whom the legal right has been infringed has a cause of action such that even in the violation of any legal right has been infringed has a cause of action such that even a violation of any legal right knowingly brings the cause of action. The law even gives the liberty that if a person merely has a threat of infringement of a legal right even without injury being completed, the person whose right has been threatened can bring a suit under the provisions of Specific Relief Act under declaration and injunction.
For example: If a person is wrongfully detained against his will,he will have a claim for substantial damages for wrongful imprisonment even if no consequential loss was suffered from such detention.
As was cited in the case of Ashby Vs. White (1703) wherein the plaintiff was a qualified voter at the parliamentary elections which were held at the point of time. The defendant, a returning officer wrongfully refused to take the plaintiff's vote. The plaintiff suffered no damage since the candidate whom he wished to vote already won the elections but still, the defendant were held liable. It was concluded that damage is not merely pecuniary but injury imports a damage, so when a man is hindered of his rights he is entitled to remedies.
So in total the maxim Injuria Sine Damno refers to the remedies which are provided in the form of damages or compensation in violation of any legal right is violated then action lies even if there is no harm to another. In other words, it is an infringement of a right where no loss is suffered but it creates a cause of action.
There's another term which sounds similar to it Damnum Sine Injuria. It is a legal maxim which refers to as damages in which there is no infringement of any legal right which are vested with the plaintiff. Since no legal right has been infringed so no action lies in the cases of Damnum Sine Injuria. The general principle on which this maxim is based upon is that if one exercises his common or ordinary rights, within reasonable limits, and without infringing other's legal right so such an exercise does not give rise to an action in tort in favour of that other person. Damages can be in the form of any substantial harm or loss suffered from respect to the money, comfort, health etc.
It is an implied principle in the law that there are no remedies for any moral wrongs, unless and until any legal right has been infringed.
