Basis

Injuria Sine Damnum

Damnum Sine Injuria

1. Meaning

Legal Injury without actual damage.

Actual damage, without legal injury.

2. Nature of Act

Act is unlawful.

Act is lawful.

3. Violation of Legal Rights

Yes, legal right is violated.

No, legal right not violated.

4. Requirement of Damage

Not required, damage is presumed.

Required, but legally irrelevant.

5. Actionability

Actionable per se.

Not actionable.

6. Principle

Ubi jus ibi remedium.

No, legal right, No legal duty.

7. Focus

Protection of Rights.

Protection of lawful conduct.

8. Burden on Plaintiff

Only prove violation of right.

Must prove legal right. (but he has none)

9. Type of wrong

Legal wrong exists

Legal wrong does not exist.

10. Compensation

Nominal or Substantial damages allowed.

No compensation allowed.

11. Examples

Trespass, Wrongful Arrest, Denying voting.

Lawful competition, Protecting, Opening a business.

12. Interest protected

Individual Rights and Liberties.

Freedom of Trade and Lawful Acts.

13. Effect on Defendant

Defendant is liable for infringement.

Defendant is not liable.

14. Economic Loss

Not necessary.

Present, but irrelevant per se.

15. Remedy available?

Yes - Court grants remedy.

No, Court refuses remedy.

16. Leading Case

→Ashby v. White (1709)

→Bhim Singh v. State of Jammu and Kashmir (AIR 1986 SC).

→Gloucester Grammar School Case (1410)

→Mogul Steamship Co. v. McGregor Gow & Co. (1892).

17. Damage Presumption

Law presumes damage automatically.

No presumption, Actual loss does not matter.

18. Objective of Doctrine

Prevent unlawful interference with rights.

Encourage lawful competition and activities.

19. Relationship with Tort law

Strong Tortious Liability.

 No, tortious Liability.

20. Impact on Society

Safeguards individual freedoms.

Promotes economic development and competition.