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Aakritu   05 March 2022

Legal maxim

What actioms are Actionable Per Se?


 1 Replies

Aarushi   05 March 2022

The maxim Actionable Per Se means that no proof of damage is required. It is applied in cases where actions that do not require any proofs to form a case, the action in itself is the reason for filing a case. This maxim finds its application in the Law of Torts. Usually, any tort action requires proof of damage, but cases of assault, battery, false imprisonment, trespass, libel or trespass on land, the mere act is responsible for filing any case by applying the principle of Actionable per Se. These torts are punishable just because they were committed.

Ashby v. White

In this case, the right to vote of a person was curbed by an officer. While, the candidate who the person wanted to vote, did win the election, the Court applied the principle of Actionable Per Se and held that no proof of damage was required, since the right to vote of the concerned person was violated.

Srikant Roy v. Satcori Shaha

In this case, when the Court found out that the plaintiff was giving false evidence, it applied the maxim of Actionable Per Se and held that an action which is punishable under the Indian Penal Code (IPC) does not need any proof of damage.

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