INJURIA ABSQUE DAMNO

INJURIA ABSQUE DAMNO

injuria absque damno (in-joor-ee-[schwa] abs-kwee dam-noh). [Latin ¡°injury without damage¡±] A legal wrong that will not sustain a lawsuit because no harm resulted from it.

¡ª Also termed injuria sine damno. Cf. DAMNUM SINE INJURIA .

¡°Just as there are cases in which damage is not actionable as a tort (damnum sine injuria), so conversely there are cases in which behaviour is actionable as a tort, although it has been the cause of no damage at all (injuria sine damno). Torts are of two kinds ¡ª namely, those which are actionable per se, and those which are actionable only on proof of actual damage resulting from them. Thus the act of trespassing upon another’s land is actionable even though it has done the plaintiff not the slightest harm. Similarly, a libel is actionable per se, while slander (that is to say, oral as opposed to written defamation) is in most cases not actionable without proof of actual damage.¡± R.F.V. Heuston, Salmond on the Law of Torts 14 (17th ed. 1977).


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Carl, Chinese legal translator, specializes in translating legal documents pertaining to complex business disputes.