A civil wrong is only actionable in tort if it constitutes a legal injury. This principle is governed by two famous legal maxims:
1. Damnum Sine Injuria (Damage without Legal Injury)
Damnum refers to substantial physical or financial loss; Injuria means infringement of a legal right.
This maxim states that actual financial or physical loss suffered by a plaintiff is not actionable in court unless there is a violation of a legally protected right.
A schoolmaster set up a rival school next to the plaintiff's grammar school, causing the plaintiff to drastically lower his tuition fees and suffer severe financial loss. The court held that the plaintiff had no legal remedy, as open economic competition does not violate any legal right.
2. Injuria Sine Damno (Legal Injury without Actual Damage)
This maxim states that if a person's legal right is violated, they can sue in tort even if they suffer no actual physical or financial harm. The infringement of the right itself is actionable *per se*.
The plaintiff, a qualified voter, was unlawfully prevented from casting his vote by a returning officer. Even though the candidate he wanted to vote for won the election and he suffered no financial loss, the court held the defendant liable. Chief Justice Holt declared that the violation of a legal right is itself a sufficient injury to sustain an action.
An MLA was unlawfully arrested by the police to prevent him from attending an assembly session. Despite suffering no physical harm and being released later, the Supreme Court ruled that his constitutional right under Article 21 was grossly violated and awarded Rs. 50,000 in exemplary damages.