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NeCede's

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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