Injuria sine damnum

INJURIA INFRINGEMENT OF LEGAL RIGHT

SINE WITHOUT

DAMNUM DAMAGE
 Injuria sine damnum

• 'Injuria' refers to infringement of a legal right and

the term 'damnum' means substantial harm, loss
or damage.
• If there has been violation of a legal right, the
same is actionable whether the plaintiff has
suffered any loss or not.
• This maxim provides :
(1) infringement of a legal right of a person.
(2) no actual loss or damage is required to prove.
(3) infringement of a private right is actionable per
se.
 Ashby v. White, (1703) 92 ER 126.
FACTS:
• Plaintiff was a qualified voter at a Parliamentary
election, but defendant, a returning officer,
wrongfully refused to take plaintiff’s vote. No loss
was suffered by such refusal because the
candidate for whom he wanted to vote won the
election.
HELD:
• Plaintiff succeeded in his action.
REASONING:
• Injuria sine damnum explained.
 Ashby v. White, (1703) 92 ER 126.

• Injury : Deprivation of legal right to vote

• Damage: none
Since the candidate to whom the plaintiff wanted to
vote still won the election

• Thus, injuria sine damnum.

 Ashby v. White, (1703) 92 ER 126.
• It was held that the defendant (White) by
preventing the Plaintiff (Ashby) from voting,
violated Ashby’s legal right. Thus, Ashby was
entitled to damages.

• Chief Justice Holt said:

• “Every injury imports a damage though it does
not cost the party one farthing. For a damage not
merely pecuniary but an injury imports damage,
when a person is thereby hindered of his rights.”