Injuria Sine Damno
Meaning of Injuria Sine Damno
Injuria Sine Damno is a Latin phrase which literally means:
"Injury without damage."
In the law of torts, it refers to a legal injury that occurs even when no actual material or physical damage has been suffered. The essence here is that the violation of a legal right itself is sufficient to constitute a tort, even if the claimant has not suffered any tangible loss.
In simpler words:
If someone violates your legal right, you can sue for the violation itself, even if you did not suffer any financial or physical damage.
The tort lies in the infringement of the right, not necessarily in the harm caused.
This is contrasted with Damnum Sine Injuria, where there is actual harm but no legal wrong.
Essentials of Injuria Sine Damno
Existence of a Legal Right:
The plaintiff must have a recognized legal right. Only a violation of such a right can amount to injuria sine damno.
Infringement of the Right:
There must be a direct infringement of that right, regardless of whether actual loss has occurred.
No Requirement of Actual Damage:
Physical or financial loss is not necessary. The mere breach of the right is actionable.
Illustrations
Trespass to Land:
If someone steps onto your land without permission, even if they do not damage the land, the act itself is actionable because it violates your property rights.
Defamation:
Publishing false statements about a person injures their reputation. Even if the person does not suffer any measurable loss in money, the act itself constitutes a tort.
Leading Case Law
1. Ashby v. White (1703)
Facts: A man was denied the right to vote by a returning officer.
Held: The court ruled that the infringement of his legal right to vote was actionable even though he suffered no tangible damage.
Significance: This is a classic case of injuria sine damno, because the violation of a right itself gives rise to a legal claim, regardless of actual loss.
2. Entick v. Carrington (1765)
Facts: Government officials entered the plaintiff’s house and seized papers without any legal justification.
Held: The action was actionable even though no material damage occurred.
Significance: The court emphasized that interference with a legal right itself is a wrong, reinforcing the principle of injuria sine damno.
3. Berman v. Portman (1962) (modern illustration)
Facts: A person was wrongfully prevented from entering a public park that was legally open to him.
Held: He could claim damages because the violation of his right to access the park was actionable, even though no physical or financial harm occurred.
Key Principle
Every violation of a legal right is actionable.
The law protects rights even if no economic or physical loss has occurred.
This principle ensures that rights are respected rather than only punishing conduct that causes tangible harm.
Difference Between Injuria Sine Damno and Damnum Sine Injuria
| Feature | Injuria Sine Damno | Damnum Sine Injuria |
|---|---|---|
| Damage required | Not required | Exists |
| Legal wrong | Yes | No |
| Example | Trespass without damage | Loss of profit due to competition |
✅ Conclusion:
Injuria Sine Damno is a foundational concept in tort law emphasizing that the violation of a legal right alone can give rise to a cause of action, even in the absence of material damage. It ensures that rights are protected in their own right, not just for economic or physical consequences.
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