Injuria Sine Damnum is the Latin Maxim and the injuria sine damnum/damno meaning has been provided in the Law of Torts.
|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 legal right of the plaintiff without any physical harm, loss or damage to the property of the plaintiff.
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 Law
Injuria sine damnum case law, in the Ashby vs 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.
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.
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.