Maxim 7.4.18
Not every loss produces an injury.
Non omne damnum inducit injuriam.
Source: Bouvier's Law Dictionary; 3 Bl. Com. 219; 2 Bouv. Inst. n. 2211; Weisman, 59b
Difficulty 1/5 — Foundational
Explanation
Loss alone does not give rise to a cause of action; there must be a violation of a legal right before the law provides a remedy.
Where this applies
- A small bakery loses customers when a popular new bakery opens across the street — the first bakery suffered a real financial loss, but no legal right was violated because competition is lawful, so there is no actionable injury.
- A homeowner's property value drops because the neighbor paints his house an ugly color — the homeowner has experienced a loss in value, but no legal right has been infringed, so the law provides no remedy.
- A job applicant is passed over in favor of a more qualified candidate and loses the income she expected — she suffered a loss, but the employer violated no legal duty in choosing someone else, so the loss does not produce a legal injury.
Topics
Cite this maxim
NeCede Max. 7.4.18 — Not every loss produces an injury. — Bouvier's Law Dictionary; 3 Bl. Com. 219; 2 Bouv. Inst. n. 2211; Weisman, 59b (Non omne damnum inducit injuriam.)
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