Legal Rights: Three Latin Maxims
Exam Snapshot
These three maxims define the scope of actionable legal wrongs versus mere non-actionable harms.
Core Concept
- Ubi Jus Ibi Remedium: Where there is a right, there is a remedy. If a right exists, the law provides a way to enforce it.
- Injuria Sine Damno: Injury (legal wrong) without damage. Actionable without proof of actual loss.
- Damnum Sine Injuria: Damage (loss) without injury (legal wrong). Not actionable; loss is suffered, but no legal right was violated.
Nepal Law Anchors
These principles are fundamental to the Civil Procedure Code and Torts jurisprudence applied in Nepalese courts (Civil Code 2074).
Confusable Terms
- Injuria Sine Damno (Wrong without harm = Actionable).
- Damnum Sine Injuria (Harm without wrong = Not actionable).
MCQ Traps
- Thinking all "losses" (Damnum) lead to compensation. They don't; there must be an "Injuria" (legal wrong) first.
- Forgetting that Injuria Sine Damno is actionable even with zero monetary loss (e.g., violation of voting right).
Example
If a candidate is blocked from voting (Injuria Sine Damno), they can sue even if their candidate won (no damage). If a competitor opens a shop next door and causes your loss (Damnum Sine Injuria), you cannot sue because you have no right to a monopoly.
Memory Hook
Injuria = Wrong (Actionable) / Damnum = Harm (No action if alone).
Quick Revision
- Ubi Jus Ibi Remedium = Right needs Remedy.
- Injuria Sine Damno = Right violated = Sue.
- Damnum Sine Injuria = Harm but no right violated = No Sue.