injuria sine damno

Where a legal right is violated, the person wronged may sue even if he has suffered no loss in money or otherwise. The leading case is Ashby v. White (1703), where a returning officer wrongly refused to accept the plaintiff's vote. The candidate he supported won anyway, so there was no loss, but the plaintiff succeeded; Holt C.J. said that every injury imports a damage.

Torts actionable per se, such as trespass to land, trespass to the person and libel, are examples. The court may award nominal damages to recognise the right, or exemplary damages where the conduct is outrageous. Indian courts have applied the idea to illegal detention by the State, awarding compensation even without proof of financial loss. The opposite maxim is damnum sine injuria.

Example

A voter wrongly refused a ballot can sue on the principle of injuria sine damno, even if his candidate won.

In Indian law

• Ashby v. White (English Court of King's Bench and House of Lords, 1703)

See also

damnum sine injuria · injuria · nominal damages · ubi jus ibi remedium

Read more in the study notes

• Liability: theory, conditions, the wrongful act, damnum sine injuria and causation (Jurisprudence)
• Ubi jus ibi remedium and legal damage (Law of Torts)
• Remedies and remoteness of damage (Law of Torts)
• Assault, battery, mayhem and false imprisonment (Law of Torts)