Ashby v White
UK constitutional law case concerning the right to vote / From Wikipedia, the free encyclopedia
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Ashby v White (1703) 92 ER 126, is a foundational case in UK constitutional law and English tort law. It concerns the right to vote and misfeasance of a public officer. Lord Holt laid down the important principle that where there is injury in the absence of financial loss (injuria sine damno) the law makes the presumption of damage and that it is sufficient to demonstrate that a right has been infringed.[4]
Ashby v White | |
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Court | Court of King's Bench |
Decided | 1 January 1703 |
Citation(s) | (1703) 92 ER 126, (1703) 2 Ld Raym 938, (1703) 1 Sm LC (13th Edn) 253 |
Case opinions | |
Holt CJ, Powell J, Powys J, Gould J | |
Dissent | Holt CJ [1] |
Keywords | |
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Said Holt: "It is a vain thing to imagine, there should be right without a remedy; for want of right and want of remedy are convertibles: if a statute gives a right, the common law will give remedy to maintain it; and where-ever there is injury, it imports a damage."[5]