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NeCede's

Maxim 8.5.10

The defrauding of one person does not afford an action to another.

Alterius circumventio alii non praebet actionem.

Source: Dig. 50, 17, 49; Jackson Difficulty 2/5 — Approachable

Explanation

Only the person actually defrauded has standing to bring an action — a third party cannot claim a right of action arising from a fraud committed against someone else.

Where this applies

  • My friend was defrauded — can I sue on their behalf even though I wasn't the victim?
  • Someone else was cheated — I'm angry about it but it didn't happen to me.

Legal domains

Cite this maxim

NeCede Max. 8.5.10 — The defrauding of one person does not afford an action to another. — Dig. 50, 17, 49; Jackson (Alterius circumventio alii non praebet actionem.)

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