QUAID-E-AZAM LAW COLLEGE, LAHORE

LLB PART 1

CASE LAWS OF LAW OF TORTS &CONTRACT

Handout # 1
ASHBY vs. WHITE
Introduction
Torts are civil wrongs resulting in personal injury or harm that constitutes grounds for
law suit. In society it is inevitable that some people will suffer injury, loss, damage or
annoyance due to activities of others. Commission of tort will entitle a person
suffering the wrong to seek redress in the civil courts.
Constituents of Torts
1. Must be a wrongful act
2. Wrongful act must give rise to a legal remedy
3. Legal remedy must be in the form of an action for unliquidated damages.
Facts of the case
Defendants were the constables of Bourough and were the returning officers at the
parliamentary elections.
Plaintiff
a burgese and a qualified voter
Plaintiff wanted to offer his vote for two candidates namely Sir Thomas Lee and Baronet
Simon Mayne. Defendants were under liability to receive and admit the said vote.
Defendants fraudulently and maliciously intending to injure the plaintiff prevented him to
caste his vote.
Both of the plaintiffs candidates won the elections even without his vote. Plaintiff
brought action against the defendants for his infringed right.
Plaintiffs arguments
He was a qualified voter
He was free to caste his vote as an independent and free citizen.
Plaintiff was deprived of his right bestowed by common law.

Defendants arguments
Action is not maintainable as law provides no remedy in such a case.
Plaintiff has suffered no actual damage.
Proceedings of the case
Trial court
Court recognized the right of the plaintiff and awarded him 5 as damages.
Queens bench
Defendants went in an appeal against the decision of the trial court.

Judgment was in defendants favor.

One dissenting opinion was given by Chief Justice Holt.
Reasons for dissenting opinion by Chief Justice Holt

Plaintiff has a legal right to caste his vote

Right has infringed so remedy has to be given to maintain the right
Plaintiff has proper remedy under ancient common law of England.

Remedy under Common Law

Under common law every right has remedy
Common law declares every citizen or burgese holder of 40 shillings per
annum to have right of vote
No returning officer can hinder or obstruct or deny such rights
Defendants has done ill and if law does not allow any action to the party
injured than it is the absurd according to each and every system of
jurisprudence.
Held under Queens bench
In favor of defendant
Appeal to House of Lords
They upheld the opinion of Lord Holt
Principles laid down
1. A qualified voter has a legal right
Law recognized him as qualified voter
2. Ubi Jus Ibi Remedium
There is no wrong without a remedy
Infringement of every right has to deal with a remedy
If man has a right he must have means to vindicate or maintain it.
Want of right and remedy is reciprocal
3. Injuria Sine Damnum
Infringement of right gives cause of action even where there is no actual
damage
According to Lord Holt it is impossible to say that infringement of right
leads to no damage
Examples:
1. If a man comes in a house without the knowledge of the owner, no pecuniary loss
took place but there is infringement of privacy and property. Person is liable.
Turner vs. Sterling
2. Member if National Assembly illegally detained by police and abstains from
attending the assembly session which was his legal right. Supreme Court of India
granted compensation for the infringement of right. Bhim Singh vs. State of
Jammu & Kashmir.