DIFFERENCE BETWEEN DAMNUM SINE INJURIA AND INJURIA SINE DAMNUM
AS PER LAW OF TORTS
- Damnum Sine Injuria: Damnum means harm, loss, or damage in respect of money, comfort, health, etc. Injuria means infringement of a right conferred by law on the plaintiff. The maxim means that in a given case, a man may have suffered damage and yet have no action in tort because the damage is not to an interest protected by the law of torts. Therefore, causing damage, however substantial to another person is not actionable in law unless there is also a violation of a legal right of the plaintiff. Common examples are, where the damage results from an act done in the exercise of legal rights. For example, if X owns a shop and Y opens a shop in the neighborhood, as a result of which X loses some of his customers and his profits fall off due to Y’s shop, X cannot sue Y for the loss in profits, because Y is exercising his legal right.
- Injuria Sine Damnum:- It means injury without damage, i.e., where there is no damage resulting yet it is an injury or wrong in tort, i.e. where there is an infringement of a legal right not resulting in harm but the plaintiff can still sue in tort. Some rights or interests are so important that their violation is an actionable tort without proof of damage. Thus, when there is an invasion of an “absolute” private right of an individual, there is an injuria and the plaintiff’s action will succeed even if there is no Damnum or damages. An absolute right is one, the violation of which is actionable per se, i.e., without proof of any damage. Injuria sine damnum covers such cases and action lies when the right is violated even though no damage has occurred. Thus, the act of trespassing upon another’s land is actionable even though it has not caused the plaintiff even the slightest harm.
| Aspect | Damnum Sine Injuria | Injuria Sine Damnum |
|---|---|---|
| Meaning | Harm without legal injury | Legal injury without harm |
| Definition | Damnum sine injuria refers to a situation where a person suffers loss or harm, but it does not constitute a legal injury or violate any legal right. | Injuria sine damnum refers to a situation where a person’s legal right is infringed upon, but there is no actual harm or loss. |
| Legal Principle | Mere loss or damage is not actionable unless it also involves a violation of a legal right. | A violation of a legal right is actionable even if no actual damage or loss has occurred. |
| Example | If someone’s property value decreases due to market conditions (without any wrongful act), it is damnum sine injuria. | If someone is wrongfully restrained or insulted in a manner that affects their legal rights, even without actual physical harm or financial loss, it is injuria sine damnum. |
| Case Law | St. Helen’s Smelting Co. v. Tipping – where the loss suffered due to industrial smoke was held not actionable as it did not constitute an actionable legal wrong. | Ashby v. White – where a person was wrongfully prevented from voting, the court held that the infringement of a legal right (voting) was actionable even though no actual harm or loss was suffered. |
| Requirement for Actionability | Actionable only if there is a legal wrong along with actual harm. | Actionable even if there is no actual harm, as long as there is a violation of a legal right. |
| Nature of Claim | Focuses on harm or damage experienced by the plaintiff. | Focuses on the infringement of the plaintiff’s legal rights. |
