Injuria Sine Damnum is the Latin Maxim, and the meaning of injuria sine damnum/damno has been provided in the Law of Torts as it refers to the violation of a legitimate right without causing any harm, loss or injury to the aggrieved person.
Each person has absolute rights over their property, personal immunity and freedom, and any violation of these legal rights is significant. When someone's legal right is violated, they have a cause of action, even if there is no actual injury or harm. These are the rights that are protected under the Law of Torts.
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| Injuria Sine Damnum |
Injuria Sine Damnum Meaning
Injuria sine damnum meaning has been provided in the law of torts. Injuria sine damnum means a violation of the plaintiff's legal right without any physical harm, loss or damage to the plaintiff's property. Whenever a legal right of any person or individual has been infringed, then such person/individual has the right to take legal action against the person who has violated the other's legal right.
Meaning of injuria sine damnum/damno has been divided into three parts as follows;
- Injuria means a violation of the legal right of the plaintiff given by the law.
- Sine means without.
- Damnum/Damno means harm, damage or loss caused to the plaintiff either in the form of money or health etc.
As per this maxim, the person whose legal rights have been infringed has a cause of action such that even a violation of any legal right knowingly brings the cause of action. The law gives the liberty that if a wrongdoer merely threatens the plaintiff to infringe his legal right without any injury being completed then the plaintiff can file a suit against the wrongdoer under the provisions of the Specific Relief Act under the declaration and injunction.
Injuria Sine Damnum Example
Injuria sine damnum example, if an individual is wrongfully detained then he will claim substantial damages for the wrongful detention even if there is no injury or loss suffered to the plaintiff upon the detention.
Another example of injuria sine damnum is if A is roaming around B’s house without any reason then there is a violation of the legal right of B and the injuria sine damnum maxim is applicable in this example.
Injuria Sine Damnum Case Laws
Ashby v White Case
In Ashby v White case, the plaintiff was a voter in the parliamentary elections. The defendant, an officer wrongfully refused to take the plaintiff’s vote.
Here, in this Ashby vs White case, the plaintiff has not suffered any injury or damage to the property but the defendant who is a returning officer held liable and the plaintiff was entitled to remedies.
Ashrafilal vs Municipal Corporation of Agra
In Ashrafilal vs Municipal Corporation of Agra, in a case like Ashby vs White, the plaintiff whose name was deleted by the election authorities from the voter list. And, because of this, the plaintiff was not able to his right to vote guaranteed under Article 21 of the Constitution of India. The Supreme Court held that there was an infringement of fundamental rights of the plaintiff and the Municipal Corporation was held liable and compensation granted to the plaintiff.
Sain Das v Ujagar Singh, 1940
In this case, the principle of injuria sine damnum is also made applicable to trespass cases. Where nominal damages are typically given to the aggrieved person. This principle applies when an unjustifiable intrusion on another person's property exists. However, it was emphasised that this principle should not be extended to each and every case of attachment of property without considering the specific circumstances involved.
Frequently Asked Questions
Which maxim is known as damnum sine injuria?
The legal maxim “Damnum Sine Injuria” means damage without injury. It means that the defendant is not liable for any damages if he is acting within his legal rights even if he is infringing the rights of the plaintiff. The damages may be monetary or physical.
Is injuria sine damnum an actionable wrong?
This legal maxim refers to as the infringement of the legal right without causing any harm to the plaintiff. Every person has the right to his property, and immunity of his person and infringement of this right is actionable per se.
What is the meaning of the word injuria?
Injuria is a Latin word that means a wrong or an assault on a person's reputation or body. It can be something that hurts a person's self-respect or honour and makes them feel humiliated or degraded in front of others.
What is injuria sine damnum for example?
For example, A, a person was on his way to give his vote to his favourite leader but he was not allowed by B to give the vote as he did not have the necessary documents to show that he was an eligible voter.
What is the famous case for injuria sine damnum?
Important case laws on injuria sine damnum - 1) Ashby v White Case 2) Ashrafilal vs Municipal Corporation of Agra 3) Sain Das v Ujagar Singh, 1940 4) Bhikhabhai Chanabhai Gajera vs Semrala Gopalak Vividh Karyakari.
Conclusion
Injuria sine damnum refers to the remedies provided in the form of compensation to the plaintiff for the violation of any legal right where there is no physical harm or damage to the property. It signifies that an individual person can seek legal remedies and compensation even if there is no physical harm to the aggrieved person but caused harm to his legal right.