Damnum Sine Injuria & Injuria Sine Damnum

 

Introduction

The law of torts is a collection of all the circumstances in which court gives a remedy by way of damages, for legally unjustified harm or injury done by one to another person. There are three elements which need to be proved before constituting a tort:-

1. There must be an act or omission on the part of the defendant.

2. That act or omission should be in violation of a legal right vested in the plaintiff.

3. The wrongful act or omission thus done by the defendant is of such a nature to give rise to a legal remedy.

 

Damnum Sine Injuria

Damnum sine Injuria is a legal maxim which refers to as damages without injury or damages in which there is no infringement of any legal right which are vested with the plaintiff. Since no legal right has been infringed so no action lies in the cases of damnum sine injuria.  The general principle on which this maxim is based upon is that if one exercises his common or ordinary rights, within reasonable limits, and without infringing other’s legal right; such an exercise does not give rise to an action in tort in favour of that other person. Damages can be in any form either in the form of any substantial harm or loss suffered from respect to the money, comfort, health, etc.

It is an implied principle in law that there are no remedies for any moral wrongs, unless and until any legal right has been infringed. Even if the act or omission such done by the defendant was intentional, the Court will not grant any damages to the plaintiff.

Injuria Sine Damno

Injuria sine damno is a violation of a legal right without causing any harm, loss or damage to the plaintiff and whenever any legal right is infringed, the person in whom the right is vested is entitled to bring an action. Every person has an absolute right to his property, to the immunity of his person, and to his liberty & infringement of this right is actionable per se. A person against whom the legal right has been infringed has a cause of action such that even a violation of any legal right knowingly brings the cause of action. The law even gives the liberty that if a person merely has a threat of infringement of a legal right even without the injury being completed, the person whose right has been threatened can bring a suit under the provisions of Specific Relief Act under Declaration and injunction.

For Example:- If a person is wrongfully detained against his will, he will have a claim for substantial damages for wrongful imprisonment even if no consequential loss was suffered upon the detention.

Conclusion

The conclusion of the two maxims are such that one is a moral wrong for which the law gives no remedy even though they cause great loss or detriment to the plaintiff’s but on the other hand other one is a legal wrong for which the law does give a legal remedy though there be violation of a private right, without actual loss or detriment in that particular case.

The main aim of the maxim Damnum Sine Injuria is that no ground of action or no cause of action lies for a person who is acting within reasonable limits even though the other person is suffering losses on that account while the main aim of the maxim Injuria Sine damnum is that if the legal right of a person is violated then a cause of action arises and the person whose legal right has been infringed is entitled to bring a suit against the person who has done it. In these cases, a qualified right has been violated which is different from absolute rights.