Injuria sine damnum – Injury without damage.
Meaning
This principle comes from Roman law.
It refers to a legal wrong (injury) committed against a person, even if no actual damage or loss occurs.
In other words: the wrongful act itself is actionable, even if it did not cause measurable harm.
Key point:
Injuria = violation of a legal right
Sine damnum = without actual damage
So, if someone violates your legal rights, you can sue even if you have not suffered financial or physical loss.
Explanation
Certain rights are considered absolute, such as personal liberty, reputation, property rights, and privacy.
Any interference with these rights can constitute injuria sine damnum, making the wrongdoer legally liable.
This principle emphasizes that the law protects rights themselves, not just compensation for harm.
Examples
Trespass to land
If a person enters your property without permission, even if nothing is destroyed, it is a wrongful act.
You can bring an action for trespass.
Defamation without actual financial loss
Even if a defamatory statement does not cause monetary loss, publishing it is still a legal wrong.
Assault without injury
Threatening or attempting harm to someone may be actionable even if no physical injury occurs.
Key Case Laws
Ashby v. White (1703, England)
Issue: A man was unlawfully prevented from voting.
Court held: Even though he suffered no financial loss, his legal right to vote was infringed, and he could claim action.
Significance: Demonstrates injuria sine damnum—a legal wrong actionable without actual damage.
R. v. Smith (1826, England)
Issue: Interference with property rights without causing damage.
Court Observation: Violation of property rights alone constitutes a legal injury.
Importance
Protects rights as independent interests.
Ensures legal accountability for wrongful acts even when no monetary or physical damage occurs.
Serves as a foundation for tort law, where infringement of rights can lead to liability regardless of harm.
✅ Summary:
Injuria sine damnum means a legal injury without actual damage. The law recognizes and protects rights themselves, so a person can bring a legal action even if no tangible loss occurs, as seen in Ashby v. White.
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