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Injuria Sine Damnum for CLAT - Practice Questions & MCQ
Edited By admin | Updated on Oct 03, 2023 03:26 PM | #CLAT
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5 Questions around this concept.
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If A owns a bakery in a town and in front of his bakery, B opens another Bakery. Can A claim damages in this case, due to loss of customers ?
Concepts Covered - 1
Injuria Sine Damnum
- The injuria sine damnum, otherwise known as injury without damage, is a principle of law in tort that deals with situations where a plaintiff suffers harm in the absence of any actual loss or damage.
- It implies that a person can sue for damages for the hurt feelings and mental anguish caused by the defendant's wrongful act, even in cases where there is no physical or financial damage.
- The principle of injuria sine damnum was explained in the case of Ashby v. White, where the court held that a plaintiff could recover damages for an infringement of a legal right, even if he did not suffer any financial loss or damage.
- In this case, the plaintiff Ashby was prevented from voting in an election by the defendant White, who was the returning officer.
- Although Ashby was not entitled to vote, the court held that White's act of preventing him from voting constituted a violation of his legal right to vote, and therefore
- Ashby was entitled to recover damages for the injury to his right, despite there being no financial or physical loss.
- Another case that illustrates the principle of injuria sine damnum is Ratanlal v. Prahlad.
- In this case, the defendant Prahlad, a music teacher, had labelled the plaintiff Ratanlal, a music publisher, as a cheat and a fraud in front of his clients.
- Although Ratanlal suffered no financial or physical damage, the court held that the wrongful act of Prahlad had caused him mental suffering and humiliation, and therefore, he was entitled to recover damages for the injury to his reputation and feelings.
- The principle of injuria sine damnum recognizes the right of a plaintiff to sue for damages, even in cases where there is no actual loss or damage, but where a legal right has been infringed.
- It serves as a reminder that every citizen has the right to be free from arbitrary and wrongful interference with their legal rights, and that such interference may lead to a compensable injury.
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