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NeCede's

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.

Legal domains

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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