“Alterius circumventio alii non praebet actionem” is a Latin legal maxim which translates to “A deception practiced on one person does not give a cause of action to another.”
This principle is pertinent in the context of legal claims, particularly in tort and contract law. Let’s break down its meaning and implications:
- Specificity of Legal Claims: The maxim states that only the person who has been directly deceived or harmed by a fraudulent or deceitful act has the standing to bring a legal action or claim against the perpetrator. In other words, a third party who was not directly affected by the deception cannot claim damages or seek legal remedy for that act.
- Limitation on Cause of Action: The principle limits the scope of who can bring a lawsuit or a claim in cases of deception or fraud. It ensures that legal actions are only pursued by those who have suffered direct harm or loss as a result of the deceit.
- Application in Cases of Fraud and Deceit: In fraud and deceit cases, this maxim is particularly relevant. For instance, if a person is defrauded in a contract, only that person (or entity) has the legal standing to sue for damages or for nullification of the contract. A third party, who might be indirectly affected by the fraud, does not have the same legal standing.
- Rationale Behind the Maxim: The rationale is to prevent the legal system from being overwhelmed with claims from individuals who are not directly involved in the dispute. It also ensures that the person who has suffered the actual harm is the one to receive the remedy.
- Exceptions and Considerations: While the maxim sets a general rule, there can be exceptions depending on the jurisdiction and specific circumstances. For instance, in some cases, third parties may have a cause of action if they can prove they were an intended beneficiary of the agreement or if the deception caused them a direct and substantial harm.
- Broader Implications: This principle also serves to maintain order and reasonableness in legal proceedings by clearly delineating who may be entitled to seek legal redress and under what circumstances.
In summary, “Alterius circumventio alii non praebet actionem” is a legal principle that asserts only those directly affected by a deception or fraud can take legal action in response to it.
This maxim helps to ensure that legal claims are made by those who are legitimately harmed and not by individuals who are only indirectly or tangentially affected.
