Also known as:no right · noright · no-rights · no rights · Hohfeld no-right · jural opposite
Written by attorneys · grounded in primary & secondary sources — see below
The absence of a right against another in some particular respect. A no-right is the correlative of a privilege and arises when one party lacks any enforceable claim that would constrain the other's freedom of action.
Sources & Authorities
How it applies
Common Examples
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Incidental Beneficiary Lacks Claim
Nordic Ventures contracted with Nile Shipping to deliver cargo for a third-party retailer. Nina Nielsen, a competitor of the retailer, claimed the delivery would harm her business and sued Nile Shipping for breach. The court held that Nina possessed no right to enforce the contract because she was merely an incidental beneficiary.
Unmarried Father Denied Notice
Nyah Ndlovu never registered as a putative father or provided support after learning of Nora Nash's pregnancy. When Nora consented to adoption by Natalie Norris, Nyah sought to block the proceeding. The court ruled that Nyah had no right to notice or to withhold consent because he had failed to manifest parental responsibility.
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Uniform Acts
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Defendant May Exercise Privilege
Nicholas Nunez entered Naomi Norton's land to retrieve his stray livestock after she had refused permission. Naomi sued for trespass. The court found that Nicholas possessed a privilege to enter and Naomi therefore had no right to exclude him from exercising that privilege.
No Survivorship After Beneficiary Death
Nordic Ventures maintained a POD account naming two beneficiaries. One beneficiary died before the account owner. Upon the owner's death the surviving beneficiary claimed the entire balance. The court held that the deceased beneficiary's estate had no right of survivorship and the funds passed in equal shares to the living beneficiary.
Partial Transfer Creates No Negotiation
Nora Nash indorsed a promissory note to Nicholas Nunez for only half its face value. When Nicholas attempted to enforce the note against the maker, the court ruled that negotiation had not occurred and Nicholas obtained no rights under Article 3, leaving him with only the rights of a partial assignee.
Full Performance Bars Restitution
Nyah Ndlovu completed all construction work under a contract with Nordic Ventures. The only remaining duty was payment of a fixed sum. When Nordic Ventures repudiated, Nyah sought restitution of materials supplied. The court held that Nyah had no right to restitution because she had fully performed and only a money payment remained due.
Common questions
Frequently Asked
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How does a no-right differ from a duty in Hohfeldian analysis?+
A no-right is the absence of an enforceable claim that would constrain another's conduct, whereas a duty is an obligation that correlates with a right held by another. The two are logical opposites within the same jural relation.
When does an incidental beneficiary acquire a no-right rather than an enforceable claim?+
An incidental beneficiary acquires a no-right against both promisor and promisee under Restatement (Second) of Contracts § 315. Recognition of a right is appropriate only when the beneficiary is intended under § 302 and enforcement would effectuate the parties' manifested intention.
Does an unmarried biological father always possess a right to notice of adoption?+
No. When the father has never attempted to establish a legal or personal relationship, state law treats him as having no right to notice or to withhold consent. Actual manifestations of parental responsibility are required to convert the constitutional opportunity into a protected right.
Under what circumstances does a party lose the right to restitution after full performance?+
Restatement (Second) of Contracts § 373(2) provides that the injured party has no right to restitution once all duties have been performed and the only remaining obligation is payment of a definite sum. The rule prevents restitution from serving as an alternative to an action for the contract price.
17 U.S. (4 Wheat.) 316 (1819)Business Associations
…within which such branch is established cannot, without violating the Constitution, tax that branch. The State governments have no right to tax any of the constitutional means employed by the Government of the Union to execute its constitutional powers. The States have no power, by taxation or otherwise, to retard, impede,…