LLB - UNIT 3 TORT 1 Essay Example | Topics and Well Written Essays - 500 words

LLB - UNIT 3 TORT 1 - Essay Example Violation of absolute right does not require the damage to be proved and it actionable per se, Ashby v. White4. The concept of Damnum5 and Injuria6 in relation to tortuous liability explains the real significance of legal damages. Damnum and Injuria are interrelated and determines act actionable or not actionable. These two factors have close relationship with tortuous liability. The relationship between these two terms is explained in the two maxims i) Injuria sine damno and ii) damnum sine (or obsque) injuria. Injuria sine damno: There are two torts one is actionable per se7 and the other is actionable only on proof of damage. Every person has an absolute right to immunity of his person, to his property, and to his liberty. Infringement of this right is actionable per se. In case of injuria sine damno a person whose rights are infringed has cause of action even though there is no actual loss or damage. Ashby v. White4 In this case a legally qualified vote of a person was refused maliciously causing injuria, but the person for whom voted was elected, causing no loss, held it is actionable applying the maxim injuria sine damno. Damnum sine injuria: In damnum sine injuria, where there is an actual and substantial loss (Damnum) without infringement of legal right (Injuria) no action leis. In a suit for damages based on a tort the plaintiff cannot succeed merely on the ground of damage unless he shows that the damage was caused by violation of his legal right. The following are the instances of Damnum sine injuria: Interception of percolating water:- A landowner and mill owner who had for about six years enjoyed the use of a stream, which was chiefly supplied by percolating underground water, lost the use of the stream after an adjoining owner dug on his own ground an extensive well for the purpose of supplying water to the inhabitants of the district. In