Injuria sine damno
| Literal meaning | Injury (legal injury) without damage |
|---|---|
| Pronunciation | in-JOO-ree-ah SIN-ay DAM-no |
A legal right is violated, even though the person suffers no actual, measurable loss. The violation is actionable by itself. The law presumes damage once the breach of a legal right is shown.
A qualified voter is wrongfully stopped from voting, but his preferred candidate wins anyway. He lost nothing measurable, yet the denial of his right to vote is itself actionable.
- A legal right of the plaintiff exists.
- The defendant violated that right.
- Proof of actual loss is not needed.
- Ashby v. White (1703), England: the plaintiff was wrongly refused his vote. No actual loss followed, but a legal right was violated, so he could sue.
- Bhim Singh v. State of J&K (1985), Supreme Court: an MLA was illegally detained and prevented from attending the Assembly. The Court awarded compensation for violation of his rights under Articles 21 and 22.
Not applicable: common law principle of torts. For violations of fundamental rights, see Articles 21 and 22 of the Constitution of India (as applied in Bhim Singh).
Without loss the damages are usually only nominal. The maxim does not apply where no legal right exists.
Indian courts follow the English rule. In Bhim Singh the Supreme Court also awarded compensation for violation of a fundamental right.
See the table on the page for damnum sine injuria, which sets the two maxims side by side.
Asked together with damnum sine injuria. Name Ashby v. White first.
"Injuria comes first: the right is hit, even if no money is lost."
Violation of a legal right is actionable even without proof of loss.
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