THE PRINCIPLE OF INJURIA SINE DAMNUN IN TORT

 

THE PRINCIPLE OF INJURIA SINE DAMNUN IN TORT

Area of Law: TORTS.

INTRODUCTION 

Injuria sine damnun is a violation of a legal right without causing any harm, loss or damage to the plaintiff and whenever any legal right is infringed, the person in whom the right is vested is entitled to bring an action.

Every person has an absolute right to his property, to the immunity of his person, and to his liberty & infringement of this right is actionable per se. A person against whom the legal right has been infringed has a cause of action such that even a violation of any legal right knowingly brings the cause of action. In this kind of situation, the claimant is entitled, if he doesn’t prove actual damages suffered, to nominal damages.

CASES

In the case of Newstead vs London Express Newspaper (1940) 1 KB 377, the defendant Newspaper made a publication that a Harold Newstead, a 30 year old man from Camberwell, was imprisoned for bigamy. Although the newspaper wasn’t talking about him, the description they used fit the plaintiff. He thus sued for defamation and the court ruled in his favour.

Also, in Basely vs Clarkson (1681) 83 ER 565, the defendant was mowing the lawn of his land, crossed into the adjoining property honestly believing that he was still within in his own land. The court held that there was trespass and he was liable. Mistake is not a defence.

APPLICATION OF PRINCIPLE 

The torts in which this rule applies are torts which are actionable per se. This means that in order to establish liability the claimant only needs to prove that the act was committed. However, if he suffers other damages, he can go on to prove these damages. This would entitle him to more than nominal damages.

Compiled by Lkite Gbemisoke.

LK…Making a Statement.