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NeCede's

Maxim 7.4.2

Injury is not presumed.

Injuria non praesumitur.

Source: Co. Litt. 232; Weisman, 59c Difficulty 1/5 — Foundational

Explanation

The law presumes that men act lawfully until the contrary is shown — no man is presumed to have wronged another without proof.

Where this applies

  • My neighbor's tree fell on my car — should I assume they intended it?
  • There was an accident but no evidence of wrongful intent — is there a legal injury?

Legal domains

See also

Cite this maxim

NeCede Max. 7.4.2 — Injury is not presumed. — Co. Litt. 232; Weisman, 59c (Injuria non praesumitur.)

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