Skip to content
NeCede's

Maxim 2.4.12

He who uses his legal rights harms no one.

Source: Carson v. Western R. Co., 8 Gray (Mass.) 424; Broom, Max. 379; Weisman, 77c; Weisman, 77i Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) A person who lawfully exercises his own rights cannot be held liable for any resulting harm to another — the exercise of a right is never a legal wrong, even if it causes inconvenience or loss to others.

Where this applies

  • A homeowner builds a fence on the exact property line, blocking her neighbor's view, and the neighbor sues — but the court finds the homeowner is not liable because she exercised her lawful property right.
  • A business owner opens a competing store next door to an existing shop, drawing away customers, and the existing shop owner sues — but the court holds that lawful competition is not a legal wrong.
  • A landowner drills a well on his own property that reduces the water table under his neighbor's land, and the court rules no harm was done in the legal sense because the landowner was exercising his own right.

Legal domains

Cite this maxim

NeCede Max. 2.4.12 — He who uses his legal rights harms no one. — Carson v. Western R. Co., 8 Gray (Mass.) 424; Broom, Max. 379; Weisman, 77c; Weisman, 77i

Found an error? Suggest a correction →