Wrongful Act and Legal Damage — Damnum Sine Injuria and Injuria Sine Damno — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. "Damnum sine injuria" means:

   • Legal injury without damage
   • Damage without legal injury (correct answer)
   • Crime without punishment
   • Contract without consideration

   Explanation. Damnum sine injuria means damage without legal injury — real loss occurred, but no legal right was violated, so it is not actionable.

2. In the Gloucester Grammar School Case (1410), the defendant was held not liable because:

   • He had no money to pay damages
   • No one has a legal right to a monopoly over students or business (correct answer)
   • The plaintiff school had closed down
   • The case was time-barred

   Explanation. Setting up lawful competition, however damaging, infringes no legal right, since no one has a monopoly right over students or business.

3. In Bradford Corporation v. Pickles (1895), the House of Lords held that a lawful act:

   • Becomes unlawful if done maliciously
   • Does not become unlawful merely because of a malicious motive (correct answer)
   • Is always exempt from tort liability
   • Requires government permission

   Explanation. A lawful act does not become unlawful merely because it was done with a malicious motive — motive is generally irrelevant.

4. "Injuria sine damno" means:

   • Damage without legal injury
   • Legal injury without damage (correct answer)
   • No injury and no damage
   • Damage and injury both proven

   Explanation. Injuria sine damno means legal injury without damage — the violation of a legal right alone is enough to sue, actionable per se.

5. In Ashby v. White (1703), the plaintiff was entitled to a remedy even though:

   • He was not a qualified voter
   • The candidate he supported lost the election
   • His preferred candidate won the election anyway (correct answer)
   • He never attempted to vote

   Explanation. Even though the candidate Ashby wanted to vote for won regardless, the wrongful denial of his right to vote was itself an actionable injury.

6. Which case is a modern Indian illustration of injuria sine damno involving an MLA's illegal detention?

   • P. Seetharamayya v. G. Mahalakshmamma
   • Bhim Singh v. State of Jammu & Kashmir (correct answer)
   • Mogul Steamship Co. v. McGregor, Gow & Co.
   • Town Area Committee v. Prabhu Dayal

   Explanation. Bhim Singh v. State of J&K (1985) is the modern Indian case on a wrongfully detained MLA. The Supreme Court awarded Rs 50,000 for violation of Articles 21 and 22(2), a public law remedy.

7. In Town Area Committee v. Prabhu Dayal (1975), the plaintiff's claim failed because:

   • He proved no loss occurred
   • The demolition of his unauthorised construction was a lawful act (correct answer)
   • The Committee had no power to demolish anything
   • He filed the case too late

   Explanation. Since the demolition of the unauthorised construction was lawful, the plaintiff's real financial loss did not amount to a legal injury.

8. Which maxim connects both damnum sine injuria and injuria sine damno back to the "legal remedy" element of a tort?

   • Res ipsa loquitur
   • Ubi jus ibi remedium (correct answer)
   • Volenti non fit injuria
   • Actio personalis moritur cum persona

   Explanation. Ubi jus ibi remedium ("where there is a right, there is a remedy") explains why injuria sine damno needs no proof of loss.