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NeCede's

Maxim 8.5.1

An action is not given to one who has not been injured.

Actio non datur non damnificato.

Source: Jenk. Cent. 69; Broom, Max. 768; Weisman, 59w; Weisman, 75e Difficulty 1/5 — Foundational

Explanation

Standing requires actual injury — a man who has suffered no wrong has no cause of action, no matter how objectionable the conduct of another may be.

Where this applies

  • I want to sue the factory for pollution but I haven't actually been harmed by it.
  • A group is filing a lawsuit over a policy that hasn't affected any of them yet.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 8.5.1 — An action is not given to one who has not been injured. — Jenk. Cent. 69; Broom, Max. 768; Weisman, 59w; Weisman, 75e (Actio non datur non damnificato.)

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