INJURIA SINE DAMNUM & DAMNUM SINE INJURIA

 Tort law is a law which can be used in diversed manner, and it applies to the person doing wrongful conduct like causing harm or damage to the victim also called as civil wrong. It is law which stops the person from the breach of laws. But there is no as such perfect definition given for all torts. 

Essentials of a tort law 

  The three components which can show or prove the tort law are as follows:

1. There should be an actus reus (act of omission) of an awful conduct from respondent side.

2. The accused should break or breaching the law, like stopping the person to perform his duty or to make the person to indulge in crime. 

3. The defendant conducting some unlawful act which can caused physical injury.

 

INJURIA SINE DAMNUM & DAMNUM SINE INJURIA 

These are the two legal maxims

The two maxim denotes that injury without damage (Injuria sine damnum) other means damage without injury (Damnum sine injuria), 

1. Injuria sine damnum it refers infringement of the legal right, sine means without, damnum means damage substantial harm in respect of money, health to as victim has suffered some injury but there is no damage caused to him it means, if a person is breaking rules or stopping the person or plaintiff to perform his legal duty and doing illegal act which can cause injury but no physical harm. In this case the plaintiff can seek redressal from the court for the damage and can ask for compensation or to put accused behind the bar because no violation of a legal rights should go undressed. 

In the case of Ashby v. White (1730) in this the plaintiff Ashby’s, right to vote (being stopped from giving the vote) was violated by the defendant, that when the plaintiff was going to give his vote to the candidate, he choose to but the defendant stopped him, unfortunately that same candidate was won after. When this case was presented before the court, defendant said that he is not going to compensate to Ashby since his candidate has won now but the point was that his fundamental right i.e., right to vote was violated. The court held that it is an injuria sine damnum that is person has suffered some injury so, the defendant has to pay the compensation amount to the Ashby at last the court was in favour of plaintiff.

2. Damnum sine injuria refers infringement of legal rights, means there is no damage to your legal right but has caused damage or loss to the plaintiff by some act like opening a restaurant beside an old restaurant due to this their customer get decreased this caused him losses. 

 In the case of Gloucester Grammar school case in this plaintiff school which was already their but after an year defendant open a new school due to this the plaintiff school suffered loss means the children started taking admission in defendant school, so the plaintiff claim damage because of the act of opening school against the defendant. The court held that its an marketing or conducting business so their will be profit and loss can occur, so the case applied cannot be valid from plaintiff sides. So, the court will not entertain such case which do not have any legal aspects and the remedy will not be provided for such cases.