Skip to content
NeCede's

Maxim 1.5.280

An act of law shall prejudice no man.

Actus legis nemini facit injuriam.

Source: 2 Inst. 287; Hob. 216; 5 Term, 381, 385; Van Brunt v. Schenck, 11 Johns. (N. Y.) 380; Weisman, 71r Difficulty 3/5 — Intermediate

Explanation

When the operation of law itself causes a consequence — such as the vesting of an estate by descent or the merger of legal interests — no party is deemed injured, because the law cannot work injustice by its own necessary action. (Duplicate maxim — see also 11.1.1, 7.4.6.)

Where this applies

  • A legislature passes a law that retroactively changes contract terms, but the court holds that an act of law cannot prejudice the vested rights of those who relied on the prior law.
  • A statutory change automatically transfers certain trust assets to a new class of beneficiaries, and the former beneficiaries argue they are harmed, but the court holds that consequences flowing from the law itself are not legal injuries.
  • A zoning change by operation of law renders certain properties nonconforming, and the owners claim damage, but the court rules that the law's own operation does not constitute a wrong to anyone.

Legal domains

See also

Cite this maxim

NeCede Max. 1.5.280 — An act of law shall prejudice no man. — 2 Inst. 287; Hob. 216; 5 Term, 381, 385; Van Brunt v. Schenck, 11 Johns. (N. Y.) 380; Weisman, 71r (Actus legis nemini facit injuriam.)

Found an error? Suggest a correction →