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NeCede's

Maxim 2.4.29

No one is considered to act with guile, or to be a wrong-doer, who uses his own right.

Source: Dig. 50, 17, 55; Broom, Max. 130; Amer. Ins. Co. v. Griswold, 14 Wend. (N.Y.) 399, 492; Weisman, 86k Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) No one is considered to act in bad faith or commit a wrong merely by exercising his own legal right — cite this to defeat claims of malice or tortious conduct where the defendant was simply using a right he lawfully possessed.

Where this applies

  • A competitor sues a business owner for malicious interference after the owner opens a rival store nearby and draws away customers, and the court dismisses the claim because exercising the right to compete in a free market is not a wrong.
  • A landlord is accused of acting in bad faith by refusing to renew a tenant's lease, but the court holds the landlord committed no wrong because she simply exercised her lawful right not to renew.
  • A creditor forecloses on a property after the debtor defaults, and the debtor accuses the creditor of acting with ill intent, but the court finds no guile because the creditor merely exercised a contractual right.

Legal domains

Cite this maxim

NeCede Max. 2.4.29 — No one is considered to act with guile, or to be a wrong-doer, who uses his own right. — Dig. 50, 17, 55; Broom, Max. 130; Amer. Ins. Co. v. Griswold, 14 Wend. (N.Y.) 399, 492; Weisman, 86k

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