Injuria sine damno and damnum sine injuria

INJURIA SINE DAMNO
Injuria Sine Damno means causing injury without damage. Here Injury means any tortious Act or breach to the legal private right of a person without causing any damage to that person. Damage can be monetary damage, loss of comfort, service, health etc.
Illustration:- A person trespassers mister is land without causing any damage to his property. Over here Mr. A can ask for compensation because his legal private right got breached.

Case laws
Ashby Vs. White
In this case the plaintiff Ashby has filed a suit as his vote was not being counted though the contender to whom he had given vote had won the election. It didn’t caused any damage to him but his voting right i.e his legal right got breached. The court held that nominal damages shall be compensated to the plaintiff because the right to vote is a common law right and thus, an obstruction of that right should give rise to a cause of action.

DAMNUM SINE INJURIA
Danum sine injuria means damage without injury as mentioned before the damage can be monetary damage or non monetary damage and Injury means any tortious Act or breach to the legal private right of a person without causing any damage to that person. No action lies in the court of law for this maxim.

Case laws
Gloucester Grammar School case:-
In this case the defendant was teaching in the plaintiffs school and due to some rival amongst them he left the school and opens a school just opposite to the plaintiffs school. The students of the plaintiff School left the school and took admission in the defendant School so the plaintiff filed a Suit against the defendant for monetary damages. The court held that though the defendant has occurred monetary damages to the plaintiff but his legal right has not been breached legal remedy is only being given when the legal right has been breached. The defendant teaching skills a good that is the reason why students shift into his school.

Chasemore Vs. Richards case
The plaintiff in this House of Lords case was a Miller near Croydon in England his water mill was on the Wanda river not far from the river source. The wobble was fed by an underground water not by an underground stream but by the water table fed ultimately by the rain. The defendant was the clerk of an area health board which had been established by the statute with the purpose of supplying running water to the people of Croydon many of them never had access to the reliable supplies of water health board had control of some land not far from the Wanda river and they sunk a well down into the water then use pump to extract water. Miller filed a suit against the defendant. The court disagreed.


The result was that the downstream user and the Miller had no right to demand ground water help board were entitled to dig Wells and take the water.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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