Literal Translation

Action is not given to one who is not injured


Actio Non Datur Non Damnificato is a Latin maxim, which states that an action is not given to one who is not injured. It means that a person who has not suffered any damage will not have a cause of action. It is only applicable to the cases where damage is necessary as a cause of action. It is a legal maxim, which governs the branch of law, which deals with the rights of subjects to maintain actions at law


An employee cannot sue his employer for wrongful dismissal when he is neither threatened nor stopped from work and was not denied his salary and/or his other entitlements anytime.

Case Law

Sir Dinshaw Manockji Petit v. Sir Jamshetji Jeejeebhoy (1908)

Smith V. Scott [2007 SC 345]