Ashby v White
Ashby v White (1703)
Facts of the Case:
Parties:
Plaintiff: Mr. Ashby, a qualified voter.
Defendant: Mr. White, a constable (official responsible for elections).
Incident:
During a parliamentary election, Ashby tried to cast his vote.
White, the constable, refused to allow Ashby to vote, effectively denying him the exercise of his legal right.
Claim:
Ashby filed a tort action for damages, claiming that White’s act violated his legal right as a voter.
Legal Issue:
Whether denial of a legal right, even without actual financial or physical loss, is actionable in tort.
In other words: Does “injuria sine damno” (injury without damage) give rise to a tort claim?
Court Decision:
The court held in favor of Ashby.
Key Points:
Every legal right has a remedy: If a person’s legal right is violated, the law provides a remedy, even if no tangible damage occurred.
Injuria sine damno: The case exemplifies the principle that a violation of a right itself is actionable, even if no actual loss is suffered.
Judgment:
Mr. Ashby was entitled to damages for the denial of his right to vote.
It established that denying a person their legal right is actionable per se.
Legal Principles Established:
Actionable Injury Without Actual Damage (Injuria Sine Damno):
A legal wrong occurs when a right is violated, regardless of whether actual harm or loss is suffered.
This is a cornerstone principle in tort law.
Right to Legal Remedy:
The law ensures protection of legal rights, even for intangible rights like voting or personal liberty.
Intent Not Always Required:
Liability arises from the wrongful act of denying a right, even if the defendant did not intend to cause harm.
Case Law Reference:
Ashby v White (1703) 2 Ld Raym 938
This case is frequently cited in tort law as the foundation for “injuria sine damno”.
Significance in Tort Law:
Protects fundamental rights: Voting, property rights, personal liberty.
Foundation for modern tort principles: It helps courts recognize that legal rights are valuable in themselves, not only when actual damage occurs.
Precedent for actionable torts: Later cases involving denial of rights or interference rely on this principle.
Summary:
| Aspect | Details |
|---|---|
| Case | Ashby v White (1703) |
| Court | English Court of Queen’s Bench |
| Facts | Plaintiff denied the right to vote |
| Legal Issue | Is denial of a legal right actionable? |
| Principle Established | Injuria sine damno – violation of right is actionable even without damage |
| Outcome | Plaintiff awarded damages |
| Significance | Protects legal rights, foundation of tort law |
In short, Ashby v White teaches that in tort law, the infringement of a legal right itself can give rise to a claim, even if the plaintiff suffers no actual harm.
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