“Actual perceptible damage is not indispensable as the foundation of an action; it is sufficient to show the violation of a right, in which case the law will presume damage.”

— John Holt (Lord Chief Justice)

2 Raym. Rep. 938.
Ashby v. White (1703)

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "Actual perceptible damage is not indispensable as the foundation of an action; it is sufficient to show the violation o…" by John Holt (Lord Chief Justice)?

John Holt (Lord Chief Justice) 36

English lawyer and Lord Chief Justice of England 1642–1710

Related quotes

“I am not able to understand how it can be correctly said in a legal sense, that an action will not lie even in the case of a wrong or a violation of a right, unless it is followed by some perceptible damage which can be established as a matter of fact; in other words, that injuria sine damno is not actionable. On the contrary, from my earliest reading I have considered it laid up among the very elements of the common law, that wherever there is a wrong there is a remedy to redress it; and that every injury imports damage in the nature of it; and if no other damage is established, the party injured is entitled to a verdict for nominal damages.”

Joseph Story (1779–1845) US Supreme Court justice

Webb v. Portland Manufacturing Co., 3 Sumn. Rep. 189 (1838).

“If a man sustains damage by the wrongful act of another, he is entitled to a remedy, but to give that title two things must concur, damage to himself and a wrong committed by the other. That he has sustained damage is not of itself sufficient.”

Sir John Bayley, 1st Baronet (1763–1841) British judge

R. v. Commissioners of Pagham (1828), 8 B. & C. 362.

“Anytime you create a cause of action there, you could call anybody that has the right to go to court a bounty hunter, because they're going in there for damages, which means they're going in to get some type of payment. So you could say that about any cause of action created by any legislature, whether it was federal or state, it could be viewed that way, if you don’t like the actual law.”

Ken Paxton (1962) American politician

Source: Attorney General Ken Paxton on Texas Heartbeat Act: We Are Hopeful https://www.ncregister.com/interview/attorney-general-ken-paxton-on-texas-heartbeat-act-we-are-hopeful (6 November 2021)

“Precedent has shown that sticking to such a political foundation (1992 Consensus) will allow continued healthy development of cross-strait ties. Damaging the foundation will damage the fruit of peaceful development in cross-strait ties, leading to endless problems across the strait.”

Zhang Zhijun (1953) Chinese politician

Zhang Zhijun (2016) cited in " Chinese official reiterates '1992 consensus' mantra http://focustaiwan.tw/news/aipl/201612230006.aspx" on Focus Taiwan, 23 December 2016.

“We are close to a consensus that the Kyoto Protocol does huge economic, political, social, and ecological damage to the Russian Federation. In addition, it certainly violates the rights and freedoms of Russian citizens, and well as the rights and freedoms of citizens in those countries which signed and ratified it.”

Andrey Illarionov (1961) Russian politician

"Q&A: Putin's Critical Adviser," 2005

“The damaged loves the damaged.”

Chuck Palahniuk Snuff

Variant: The damaged love the damaged. True fact.
Source: Snuff

“Every injury imports a damage, though it does not cost the party one farthing, and it is impossible to prove the contrary; for a damage is not merely pecuniary, but an injury imports a damage, when a man is hereby hindered of his right. As in an action for slanderous words, though a man does not lose a penny by reason of the speaking them, yet he shall have an action. So if a man give another a cuff on the ear, though it cost him nothing, no, not so much as a little diachylon, yet he shall have his action, for it is a personal injury.”

John Holt (Lord Chief Justice) (1642–1710) English lawyer and Lord Chief Justice of England

2 Raym. Rep. 955.
Ashby v. White (1703)

“When you shut down neurons to prevent them from transmitting signals, we call that "brain damage." Copyright is brain damage. It's brain damage in the great mind, and it's brain damage in the individual mind.”

Nina Paley (1968) US animator, cartoonist and free culture activist

“I recognize that this additional material I am now furnishing may further damage my case.”

Richard Nixon (1913–1994) 37th President of the United States of America

After the court-ordered release of the White House tapes (5 August 1974)
1970s

“What all this amounts to, then, is that the Rule of Law requires that administrative discretion in coercive action (i. e., in interfering with the person and property of the private citizen) must always be subject to review by an independent court which is not an instrument of, or even privy to, the aims of current governmental policy; that its review must in all such instances extend to the substance of the administrative act and not merely to the question whether it was infra or ultra vires; and that, if such a court finds that the rights of private citizens have been infringed, it will assess damages just as if the right of this person had been violated by another private citizen. This, in addition to the familiar requirements of generality, equality, and certainty of the law is really the crux of the matter, the decisive point on which it depends whether the Rule of Law prevails or not.”

Friedrich Hayek (1899–1992) Austrian and British economist and Nobel Prize for Economics laureate

Lecture III. The Safeguards of Individual Liberty - 19. Fundamental Rights and the Protected Private Sphere
1940s–1950s, The Political Ideal of the Rule of Law (1955)

“Actual perceptible damage is not indispensable as the foundation of an action; it is sufficient to show the violation of a right, in which case the law will presume damage.”

Help us to complete the source, original and additional information

John Holt (Lord Chief Justice) 36

Related quotes

Related topics