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.)
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