Question

Ashby v. White (1703) is a case related to

• A. Injuria sine damno
• B. Damnum sine injuria
• C. Strict liability
• D. Volenti non fit injuria

Hint:

The sister maxim of "Injuria sine damno" is "Damnum sine injuria", represented by the famous case "Gloucester Grammar School Case" (1410), where opening a competing school caused financial loss but violated no legal right, hence was not actionable.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question asks us to identify the core legal doctrine established by the historic English case Ashby v. White (1703).

Step 2: Key Principles and Statutory Provisions:
The key principles in question are:
1. Injuria sine damno: Legal injury/violation of a right without any actual physical or financial damage.
2. Damnum sine injuria: Actual damage or loss without any violation of a legal right (not actionable).

Step 3: Detailed Explanation and Analysis:

• In Ashby v. White, the plaintiff (Ashby) was a qualified voter who was wrongfully prevented from casting his vote by the defendant, a police officer (White).

• Even though the candidate for whom Ashby wanted to vote won the election anyway, and Ashby suffered no pecuniary or physical loss, he sued the officer for violating his legal right to vote.

• Chief Justice Holt held that the violation of a legal right is itself an actionable wrong, stating: "If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it...".

• This established the doctrine of injuria sine damno (injury without damage), proving that tort actions can succeed simply on the proof of a violated legal right.

Step 4: Final Answer:
The case is the leading authority on "injuria sine damno", making Option A the correct answer.