Injuria Sine Damno: Legal Injury Without Damage
Injuria Sine Damno (Latin for “injury without damage”) is a legal maxim in tort law which states that the violation of a legal right is actionable per se (by itself), even if the plaintiff has suffered no actual, tangible harm, loss, or financial damage.
Key Principle
- Injury (Injuria) is Paramount: The law is concerned primarily with the infringement of a legally protected right.
- Damage (Damno) is Irrelevant: Whether the plaintiff suffered any measurable loss (like financial ruin or physical harm) is secondary to the fact that their right was violated.
- Actionable Per Se: Because a legal right has been violated, the plaintiff has an immediate cause of action and is entitled to a legal remedy, often in the form of nominal damages (a small sum, like a dollar or a rupee) to acknowledge the breach of their right.
Landmark Case: Ashby v. White (1703)
The most famous case illustrating this principle is Ashby v. White.
| Element | Description |
| Facts | The plaintiff, a qualified voter, was wrongfully prevented from casting his vote in a parliamentary election by the returning officer (the defendant). |
| Damage | The candidate for whom the plaintiff intended to vote won the election anyway, so the plaintiff suffered no actual loss (damnum)—the election result wasn’t affected. |
| Court’s Ruling | The court held the defendant liable. The mere fact that the plaintiff’s legal right to vote was violated (injuria) was sufficient to ground a claim, even in the absence of tangible harm. |
This case established that every citizen is entitled to the free exercise of their legal rights, and any obstruction of that right is a legal wrong.
Comparison Summary
The two maxims establish the fundamental role of legal rights in tort law:
| Feature | Injuria Sine Damno | Damnum Sine Injuria |
| Meaning | Legal Injury without Actual Damage | Actual Damage without Legal Injury |
| Legal Right | VIOLATED (Injuria occurred) | NOT VIOLATED (Injuria did not occur) |
| Actual Loss | Did NOT occur (or is irrelevant) | DID occur (Damnum occurred) |
| Actionable? | YES (Actionable per se) | NO (No cause of action) |
| Example | Wrongfully denying a qualified vote (Ashby v. White) | Loss of business due to fair competition (Gloucester Grammar School Case) |
In short: Injuria Sine Damno protects rights regardless of harm, while Damnum Sine Injuria means harm without the violation of a right is simply part of life’s risks, not a legal wrong.
