Question
In the case Ashby vs. White, 1703, the legal maxim
'injuria sine damno' is highlighted. What did the court decide regarding the damages in this case?Solution
The case Ashby vs. White, 1703 brings light on the legal maxim ‘injuria sine damno.’ There are also cases where a conduct is actionable even though no damage has been caused. In this leading case, the defendant, a returning officer, wrongfully refused to register a duly tendered vote of the plaintiff who was a qualified voter. The candidate for whom the vote was tendered was elected and hence no loss was suffered by the rejection of the plaintiff’s vote. The plaintiff bought an action for damages against the defendant. The court awarded him 5 Euros on the ground that the violation of the plaintiff’s legal right for which he must have a remedy and was actionable without proof of pecuniary damage.
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