In this article you will learn about Difference between damnum sine injuria and injuria sine damnum.
Introduction
The law of torts is a branch of civil law that deals with civil wrongs, other than those arising from a breach of contract, and provides a remedy in the form of damages to the injured party. Torts are wrongful actions that cause harm to an individual or their property, leading to legal liability for the person committing the wrongful act. The primary purpose of tort law is to compensate the injured party for the harm suffered and to deter others from engaging in similar wrongful conduct. The essential elements which need to be proved before constituting a tort :
- A wrongful act or omission by wrongful doer(defendant).
- Legal injury suffered by an aggrieved party.
- The wrongful act or omission by wrongful doer is of such a nature to give rise to a legal remedy.
Omission - Person is bound by law to do an act, if the person has not committed/neglected the act - violation or breach of duty.
In order to grant compensation from the court of justice, substantial damage must be converted into legal damage. Substantial damage includes damages in the form of money, property, physical structure, physical loss or concrete form. Due to the act or omission of the defendant, the plaintiff has suffered damage. For action(civil suit) in the law of tort, the plaintiff has to prove that the damage is not only a substantial damage but it is a legal damage.
Damnum sine injuria
The literal meaning of this maxim is loss or damage without the violation of legal rights. The loss or damage can be in terms of money, property, physical structure, physical loss or concrete form. Damnum sine injuria refers to an injury suffered by the plaintiff without the violation of any legal right.
In the Gloucester Grammar School Case, the defendant deliberately opened a school in front of the plaintiff's school, causing him damage. The plaintiff was forced to lower the fees due to heightened competition. It was decided that even though the plaintiff was harmed, no legal rights had been violated, and as a result, the defendant was not liable.
In the case Smt. Ushaben Navinchandra Trivedi v Bhagyalaxmi Chitra Mandir, Ushaben filed a suit against Bhagyalaxmi Chitra Mandir for hurting religious sentiment which reduced the belief in Gods. The court held that the plaintiff’s hurt religious sentiment did not constitute a legal injury. No compensation was provided as there was no legal damage.
Injuria sine damnum
The meaning of this maxim is violation of legal right without damage or loss. Here the plaintiff does not have to prove the loss he has suffered, he only has to prove that he has suffered some legal damage. In the case of Injuria Sine Damnum, the damage suffered is not physical, but rather due to a violation of a legal right.
In the case of Ashby vs. White, the plaintiff, was a qualified voter(a legal right), and the defendant, a returning officer in the election, prohibited him from executing his voting rights. Even though the candidate for whom the plaintiff intended to vote had already won the election, the defendant was still held accountable. The plaintiff's legal rights were violated, and thus the defendant was held liable.
Point of Difference
| Aspect | Damnum sine injuria | Injuria sine damnum |
|---|---|---|
| Definition | Loss or damage without the violation of legal rights | Violation of legal right without damage or loss |
| Legal Rights | No violation of legal rights | Violation of legal rights |
| Damage or Loss | Damages suffered by the plaintiff | No physical damage or loss to the plaintiff |
| Compensation | No compensation awarded | Compensation is awarded |
This article on Difference between damnum sine injuria and injuria sine damnum is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.