The phrase "non officit conatus nisi sequatur effectus" is a Latin legal maxim that translates to "an attempt works no injury unless a result follows." This principle asserts that an action or attempt is not considered harmful unless it leads to a negative outcome or consequence. In essence, it emphasizes the importance of actual results in determining the legality or harm of an action.
This maxim is often referenced in various areas of law, including civil and criminal law. It is particularly relevant in cases involving torts, where the distinction between an attempt and a completed act can influence liability. For instance, in negligence cases, the actual harm caused by an action is crucial in determining whether the attempt was legally actionable. Users can manage related legal matters using templates provided by US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
(Hypothetical example) If a person attempts to throw a rock but misses and does not hit anyone or anything, there is no injury or harm caused. However, if the rock hits a window and breaks it, the attempt has now resulted in damage, making the action legally significant.
Examples of state differences (not exhaustive):
| State | Legal Context |
|---|---|
| California | Emphasizes actual harm in tort cases. |
| New York | Focuses on the intent and outcome in criminal attempts. |
| Texas | Considers both attempt and result in civil liability. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Attempt | An effort to commit a crime. | Focuses on the action rather than the result. |
| Consequence | The outcome resulting from an action. | Emphasizes the importance of the result in legal terms. |
| Negligence | Failure to take proper care in doing something. | Involves the failure to act, leading to harm. |
If you find yourself in a situation where this principle may apply, consider the following steps:
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| Attribute | Details |
|---|---|
| Legal Area | Civil and criminal law |
| Key Consideration | Actual harm or consequence |
| Potential Outcomes | Liability for damages |
It means an attempt works no injury unless a result follows.