A Hohfeldian correlative to a right. It denotes the absence of any enforceable claim that another person act or refrain from acting in a specified manner.
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How its tested
Common Examples
6
Incidental Beneficiary Lacks Claim
Naveen Nanda contracted with Neptune Energy to install safety equipment at a public facility. After a visitor was injured, the visitor sued Neptune Energy directly. The court held that the visitor held no enforceable claim against Neptune Energy because the contract created no duty running to members of the public.
Unmarried Father Without Manifestations
Nestor Navarro never registered as a putative father, paid support, or visited his newborn child. When the mother consented to adoption by a third party, the court ruled that Nestor Navarro held no protected interest sufficient to block the adoption.
Nathan Nguyen entered a construction site under threat of job loss if he refused. When injured by a known hazard, the court determined that Neptune Energy held no right to the defense of assumption of risk because Nathan Nguyen lacked any reasonable alternative course of conduct.
No Survivorship Among Beneficiaries
Natalie Norris designated two beneficiaries on her payable-on-death account. After one beneficiary predeceased her, the court ruled that the surviving beneficiary held no right of survivorship in the deceased beneficiary's share.
Partial Transfer Yields No Negotiation
Nia Nkosi attempted to transfer only half the amount due on a promissory note. The transferee received no rights under Article 3 and held only the rights of a partial assignee.
Full Performance Bars Restitution
Nathaniel Newman completed every duty under a contract calling for a fixed payment. When the other party failed to pay, the court held that Nathaniel Newman held no right to restitution because only payment of a definite sum remained due.
4 common questions
Students Frequently Ask...
How does a no-right differ from a duty in Hohfeldian analysis?
A no-right is the absence of an enforceable claim against another. A duty is the correlative obligation that arises when a right exists. The two sit on opposite sides of the same jural relation.
Does an incidental beneficiary ever acquire a right under the contract?
An incidental beneficiary acquires no right against the promisor or the promisee. Only intended beneficiaries receive enforceable rights under the contract.
When does an unmarried biological father lack any right to object to adoption?
An unmarried father holds no protected right to object when he fails to manifest parental responsibility through registration, support, visitation, or other affirmative steps. Mere biological status is insufficient.
What rights does a transferee receive when only part of an instrument is transferred?
Negotiation does not occur. The transferee obtains no rights under Article 3 and holds only the rights of a partial assignee.
17 U.S. (4 Wheat.) 316 (1819)
…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,…