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NeCede's

Maxim 7.4.1

There may be damage without legal injury.

Damnum sine injuria esse potest.

Source: Lofft, 112; 3 Bl. Comm. 219; Broom, Max. 93 Difficulty 1/5 — Foundational

Explanation

Not every loss gives rise to a legal claim — a man may suffer damage without any violation of his legal rights.

Where this applies

  • A new competitor opened near my business and I lost customers — can I sue them?
  • My neighbor's beautiful garden makes my yard look bad and lowered my property value.

Topics

Injury & Damages

Legal domains

tort

See also

Cite this maxim

NeCede Max. 7.4.1 — There may be damage without legal injury. — Lofft, 112; 3 Bl. Comm. 219; Broom, Max. 93 (Damnum sine injuria esse potest.)

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