Legal Maxim : Actio non datur non damnificato

Author : Tanvi Gupta

Actio non datur non damnificato is a Latin word meaning “an action is not given to the one who is not injured”.

This term is used where damage is essential to cause of action example in torts. It was discussed in Smith vs. Scott[1] where the question before court was liability of the landlord for nuisance by tenant.

The court held that landlord won’t be guilty until he has expressly or impliedly accepted to their nuisance.

[1] 2007 SC 345