This maxim \u2018 Injuria sine Damnum \u2018<\/b> is just opposite to the maxim \u2018 damnum sine injuria\u2019<\/b> .<\/p>\n\n\n\n
The word \u2018 damnum \u2018 means damage . This damage may be loss of health , loss of service , physical hurt and loss of money or the like . The word \u2018 injuria\u2019 <\/b>means a legal injury or tortuous act or an infringement of legal right . And the word \u2018sine \u2018<\/b>means without . So the maxim means that an infringement of any legal right without damage. Where there is infringement of legal right , action lies against that act . Therefore ,if any legal right is infringed , it is immaterial whether any loss is suatained or not , this maxim \u2018injuria sine damnum \u2018<\/b>affords right to sue for legal remedy .<\/p>\n\n\n\n
According to this maxim whenever there is an invasion of a legal right , the person in whom the right is vested , is entitled to bring an action though he has suffered no actual harm and may recover damages . It is sufficient to show that there is violation of a legal right and the law will presume damage . On the strength of this maxim the libel , assault , battery , false imprisonment and trespass on land or the mere wrongful acts are actionable without proof of special damage .<\/p>\n\n\n\n
In India , the same principles have been followed . It is not necessary to show any damage if the legal right is infringed . Violation of a legal right gives rise to a legal action .<\/p>\n\n\n\n
As for example , in an interesting American case of Morningstar Vs. Fafayette Hotel Company<\/b>, the plaintiff , who was a guest at the defendant\u2019s hotel , was fed up with the food served at the hotel , and so , he purchased some spare ribs outside the hotel , and gave them to the hotel chef to be cooked and brought to his room . This was done . But the spare ribs were accompanied by a bill for one dollar which the plaintiff refused to pay . On the following morning , the plaintiff was publicly informed at the table of breakfast that he would not be served . The plaintiff sued for wrongful refusal to serve breakfast to him and the Court held that his legal right had been infringed .<\/p>\n\n\n\n
In the famous leading case of Ashbay Vs. White <\/b>, the defendant , a returning officer at a voting booth , wrongfully refused to register a duly tendered vote of the plaintiff , who was a qualified voter . The candidate for whom the vote was sought to be tendered was elected. So no loss was suffered by the plaintiff for rejection of his vote . The Court held that violation of the plaintiff\u2019s right was an injury to him for which he must have a remedy without proof of actual damage .<\/p>\n\n\n\n
In another interesting case of Marzetti Vs. Williams<\/b> , a Banker having sufficient funds in his hands belonging to a customer refused to honour his cheque .The customer sustained no actual loss or damage . The Court held that the customer\u2019s legal right was infringed and was entitled to damages .<\/p>\n","protected":false},"excerpt":{"rendered":"
This maxim \u2018 Injuria sine Damnum \u2018 is just opposite to the maxim \u2018 damnum sine injuria\u2019 . The word \u2018 damnum \u2018 means damage . This damage may be loss of health , loss of service , physical hurt and loss of money or the like . The word \u2018 injuria\u2019 means a legal injury or tortuous act or an […]<\/p>\n","protected":false},"author":7,"featured_media":1919,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[49],"tags":[],"class_list":["post-1571","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-law-torts"],"_links":{"self":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/1571","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/comments?post=1571"}],"version-history":[{"count":2,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/1571\/revisions"}],"predecessor-version":[{"id":8617,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/1571\/revisions\/8617"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/media\/1919"}],"wp:attachment":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/media?parent=1571"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/categories?post=1571"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/tags?post=1571"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}