Maxim 7.4.20
There may be damage or injury inflicted without any act of injustice.
Source: Lofft, 112; Weisman, 59a
Difficulty 1/5 — Foundational
Explanation
(English-origin maxim.) Not every loss gives rise to a legal claim — damage without a violation of a legal right (damnum absque injuria) is not actionable.
Where this applies
- A new grocery store opens and legally draws away half the customers from an established store across the road — the established store suffers real financial damage, but the new store committed no act of injustice because lawful competition is not wrongdoing.
- A city builds a public road that diverts traffic away from a businessman's shop, reducing his sales significantly — the businessman has been damaged, but the city acted within its lawful authority, so no injustice was committed.
- A farmer plants tall trees on his own property that shade his neighbor's garden and reduce her crop yield — the neighbor suffers a genuine loss, but the farmer exercised his lawful property rights, so the damage was inflicted without any act of injustice.
Legal domains
Cite this maxim
NeCede Max. 7.4.20 — There may be damage or injury inflicted without any act of injustice. — Lofft, 112; Weisman, 59a
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