Injuria Sine Damno
The meaning of this maxim Injuria sine damno is injury to legal right without any monetary loss. This is actionable, because there is violation of legal right, even though plaintiff suffer no loss in term of money and defendant is liable.
In simple words, Injuria sine damno means Injury without damage or it means infringement of an absolute private right without any actual loss or damage.
whenever there’s associate invasion of right, the person in whom the right is vested is entitled to bring an action and may recover damages, although he has suffered no actual harm.
In such case, the person need not prove the actual damage caused to him.
Example Trespass to land or property.
Suppose ‘A’ enter a non-public compound while not permission of the owner only for asking water, here the instant ‘A’ step in, A commit trespass and action will lie against ‘A’ even no actual damage is caused.
Injuria circular function Damno may be a legal maxim, which means that injury or loss or damage so caused to the plaintiff without suffering any physical injury or damage.
It is a Latin term, where ‘Injuria’ refers to injury ‘Sine’ refers to without and ‘Damno’ refers to a property or any physical loss, therefore the term refers to ‘injury suffered without actual loss’. Here, in this case, the plaintiff doesn’t have to prove the damages so suffered, he only has to prove that there is some legal damage suffered by him, that is the action so brought is actionable per se. Like for example, where A roams around B’s house without any justification then, in that case, there is a violation of the legal right of B and therefore this maxim is applicable.
This maxim is well explained in the case Ashby vs. White where the plaintiff was a qualified voter at a parliamentary election, while the defendant who was a returning officer in election wrongfully refused to take a vote of the plaintiff. Although the plaintiff didn’t suffer any loss by such wrongful act as the candidate he wants’ to vote on the election, the legal rights of the plaintiff were infringed and therefore the defendant was held liable.
Another leading case is of Bhim Singh vs. State of J. & K, here in this case the petitioner was an M.L.A. of J. & k. parliamentary assembly. While he was going to attend the assembly session, police there wrongfully arrested him. He was not even presented before the magistrate within the stipulated time.
Resultant was that the person was de jure empty his right to attend the meeting and furthermore his elementary right i.e. art 21 of the constitution was also violated. It was held that the respondent was responsible, and the petitioner was liable to receive Rs. 50,000 from the defendant.
In case o Injuria circular function Damno the loss suffered isn’t any physical loss however thanks to the violation of right.
Therefore, damages received by the aggrieved party is because of some kind of loss is being suffered, and hence the amount for damages are determined just to compensate the victim.
The amount for compensation will even be rs. 5.
However, wherever the violation of a right is as a result of mischievous and malicious act, the number of damages so fixed can be increased as done in case of Bhim Singh’s case.
Damnum Sine Injuria
It suggests that injury that isn’t let alone associate unauthorized interference with the plaintiff’s lawful right.
Causing of damage, however substantial, to another person is not actionable in law unless there is also the violation of a legal right of the plaintiff.
Maxim refers to the established principles and prepositions. That is the general rules or principles or guidelines laid down and which are to be followed by the general public.
Maxims area unit terribly helpful, like the assistance of this explicit purpose of law may be understood clearly and exactly and conjointly used for the correct resolution of the cases.
Maxims are very widely used in various branches of law and so in the law of torts.
As the law may be a troublesome subject having varied interpretations, rules, and principles.
It is therefore considered necessary to have these combinations of various Latin and French words to be used for much clearer understanding.
However, the sole troublesome a part of the employment of those maxims is that they need to be applied with full precaution.
The person using these maxims has to make sure that whether the case in which it is applied has its application in the same manner, or whether it is an exception to the overall rule, as any alterations of any of these maxims would be dangerous.
Damnum circular function Injuria may be a maxim, which refers to injury which is being suffered by the plaintiff but there is no violation of any legal right of a person.
In such circumstances, where there is no violation of the legal right of but the injury, or damage is being suffered by the plaintiff, the plaintiff can’t bring an action against the opposite for identical, as it is not actionable in law, unless there is some infringement of a legal right is present.
Damnum circular function Injuria, the literal meaning of the word refers to loss or damage in terms of money, property or any physical loss without the infringement of any legal right.
Also Read – Rule of Absolute Liability and Strict Liability
