Question

Ashby v White is an example of

• A. Damnum sine injuria
• B. Uberremifide
• C. Injuria sine damnum
• D. Usufruct

Hint:

Remember the key difference: - \textbf{Injuria sine damnum} = Legal Right violated, No actual loss → Actionable (Example: Ashby v White). - \textbf{Damnum sine injuria} = No Legal Right violated, Actual loss suffered → Not Actionable (Example: Gloucester Grammar School case).

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The case of Ashby v White (1703) is a foundational case in English tort law that deals with the violation of a legal right and the availability of a remedy. It helps explain two key legal maxims: Injuria sine damno and Damnum sine injuria.
Step 2: Detailed Explanation:
- Injuria sine damnum: This Latin maxim means "legal injury without actual damage". It signifies a situation where a person's legal right is violated, but they do not suffer any actual monetary or physical loss. The law provides a remedy in such cases because the violation of a legal right is actionable in itself.
- Facts of Ashby v White: In this case, Mr. Ashby, a qualified voter, was wrongfully prevented from casting his vote in a parliamentary election by a constable, Mr. White. The candidate for whom Ashby wanted to vote won the election anyway. So, Ashby suffered no actual financial or other tangible loss.
- Judgment: The court, particularly Lord Holt, held that the right to vote is a legal right. By preventing Ashby from exercising this right, a legal injury (injuria) was committed. Even though there was no actual damage (damnum), the violation of the right was sufficient to claim damages. The court famously stated, "if the plaintiff has a right, he must of necessity have a means to vindicate and maintain it... it is a vain thing to imagine a right without a remedy".
- Damnum sine injuria: This means "damage without legal injury". It refers to a situation where a person suffers actual harm or loss, but there is no violation of any legal right. Such a loss is not actionable in law. The classic example is a rival school that draws away students, causing financial loss to an existing school.
Step 3: Final Answer:
Ashby v White is the quintessential example of Injuria sine damnum, as it established that the infringement of a legal right is a sufficient cause of action, even without any demonstrable financial or physical harm.