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Aakritu   09 March 2022

Legal maxim

What fo you understand by the maxim of "Actio Non Datur Nin Damnificato"?


 1 Replies

Aarushi   09 March 2022

The Latin phrase of Actio Non Datur Non Damnificato means that “an action is not given to one who is not injured”. Applied in the cases where damage is essential for action by the Court, this maxim simply says that a remedy can only be given to someone who has been legally harmed. We can say that this maxim is synonymous to the maxim of Damnum Sine Injuria, where a person looking for recourse can only claim it when an injury has been done to him. For example, a person cannot sue his employer for wrongful dismissal if he is not threatened by him.

Sir Dinshaw Manockji Petit v. Sir Jamsetji Jeejeebhoy

This case was filed by the plaintiffs for the violation of rights of two women, one Rajput and the other French. The plaintiff claimed that the defendants had announced to repress rights of these women on their conversion to Zoroastrianism. The Court observed that the women before the Court had not claimed any rights that the plaintiff claims of and applied the maxim of Actio non datur non damnificato to since the woman say that none of their rights have been infringed, there can arise no action.

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