What is the significance of the case Ashby v. White in relation to statutory duty and legal implications?
Understand the Problem
The question is asking about the case of Ashby v. White, focusing on its background and the legal implications regarding statutory duty as discussed by Winfield. It touches on the rulings and interpretations that evolved from this case and its relevance in law.
Answer
Ashby v. White established that a legal right's infringement is actionable, even without financial loss.
Ashby v. White established the principle that infringement of a legal right, even without financial loss, is actionable. The case highlighted the right to vote and breach of statutory duty. Though now obsolete for election cases as the remedy is criminal, it remains relevant for statutory duty breaches.
Answer for screen readers
Ashby v. White established the principle that infringement of a legal right, even without financial loss, is actionable. The case highlighted the right to vote and breach of statutory duty. Though now obsolete for election cases as the remedy is criminal, it remains relevant for statutory duty breaches.
More Information
Ashby v. White is significant for its foundational role in tort law, specifically illustrating 'injuria sine damno' (injury without damage), where the presumption of damage arises from right infringement alone.
Tips
It's crucial to understand that this case is more about the principle of actionable injury rather than monetary compensation.
Sources
- Ashby v White (1703) - The Case Summary - thecasesummary.com
- Ashby v. White | Case Brief for Law Students | Casebriefs - casebriefs.com
- The Myth of Ashby v. White - open.mitchellhamline.edu
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