Or
Write a short note on the following in the reference of two Latin maxims-
1. Gloucester Grammar School
2. Ashby Vs White
Or
Violation of a legal right it is actionable even without the proof of any damage (Injuria sine Damnum), but when there is no violation of a legal right, no action lies even though damage may have been caused to the plaintiff (Damnum sine Injuria), discuss with the help of decided cases.
Ans. Damnum Sine Injuria – Damnum means damage in the form of money, comfort & health, Injuria means violation of legal rights & Sine means without. Thus it means harm which is caused without violation of legal rights; harm caused without violation of legal rights is not actionable in the law of tort.
In Gloucester Grammar School case, the plaintiff suffered loss of fees because the defendant set up a rival school next door. It was held that no action would lie because there was no violation of any legal right of the plaintiff.
In Ushaben Vs Bhagyalaxmi Chitra Mandir the plaintiff filed a suit for a permanent injunction against the defendants to restrain them from exhibiting the film entitled “Jai Santoshi Maa” as it hurt her religious feelings. In this film Goddesses Laxmi, Saraswati & Parvati are depicted as zealous of each other & they were ridiculed. The court held that hurt of religious feelings has not been recognized as a legal wrong therefore it is not actionable.
Injuria Sine Damnum – It means violation of legal rights without any damage to the plaintiff. Violation of legal rights of a person is actionable, whether it has caused any real harm or loss to him or not.
In Ashby Vs White, the defendant, a reputed officer in a parliamentary election, wrongfully refused to take the vote of plaintiff, although the plaintiff did not suffer any loss by this refusal because the candidate for whom he wanted to vote won in spite of that. Holt, C.J said, – “every injuria imports damage though it does not cost the party one farthing”. So the defendant was held liable to pay damages to plaintiff.
Differences between Damnum Sine Injuria & Injuria Sine Damnum –
1. Nature – In Damnum Sine Injuria harm is caused without violation of legal right while injuria sine damnum is exactly opposite to it.
2. Damages – Damnum sine injuria is not damageable while injuria sine damnum is.
3. Right – Damnum sine injuria is concerned with violation of moral rights while injuria sine damnum is with violation of legal rights.