Ubi jus ibi remedium

It is a Latin maxim which means that where there is a wrong, there is a remedy. If any wrong is committed then the law provides a remedy for that. The maxim can be phrased as that any person will not suffer a wrong without a remedy, it means that once it is proved that the right was breached then equity will provide a suitable remedy.

Justice Justice Pollock said that right and wrong are contrary to each other. Right actions are those which are prescribed by moral rules, wrong actions are those which are not prescribed by moral rules or which are prohibited by law. In case of legal action, anything which is wrong is not recognized by laws. It is presumed that whenever a wrong is committed it means that legal duties have been omitted. Hence the existence of duty involves a right then it also provides the possibility of wrong.The circuit court of appeals of the United States of America in the case of Leo feist v. young observed that “it is an elementary maxim of the equity of jurisprudence and there is no wrong without a remedy”.

This maxim also says that there is no remedy without any wrong and the persons whose right is being violated has a right to stand before the court of law. This principle also states that if the rights are available to a person then it is required to be maintained by that person only and remedy is available only when he is injured in the exercise of duty or enjoyment of it; It is useless to imagine and think a right without a remedy. It is necessary to keep in mind that both rights violated and the remedy sought or to be obtained should be legal. There are many moral and political wrong but are not actionable or it does not give many sufficient reasons to take legal action as they are not recognized by law. The maxim does not mean that there is a legal remedy for each and every wrong committed.
For example, a contract which was required to be made on stamped paper may be made orally; in such circumstances, irrecoverable harm may be caused to other person and yet no legal remedy is available.
Thus, the maxim does not mean that there is a remedy for every possible wrong. It is appropriately said by Justice Stephen that maxim would be correctly stated if maxim were to be reversed to say that “where there is no legal remedy, there is no legal wrong.
Where there is a right, there is a remedy
Law of equity highlights the facts that if there is a breach of right then the right which is breached is incomplete without availability of proper remedy. The common laws were restricted to a limited number of remedies until the concept of law of equity was developed. In case of breach of rights, there are only a few writs which can be filed and if in any case the suit is not covered under the writs then the suit will be dismissed. There are so many rights available but no remedy is available in case of its breach. To remove this deficiency the concept of a court of charney came into existence and have the jurisdiction to decide matters relating to equity and justice.

Case laws on ubi jus ibi remedium

In Ashby vs White, the plaintiff was a qualified voter and he was detained from giving a vote in a parliamentary election by the defendant who was a police officer. The party to whom he wanted to vote had won the election and the plaintiff filed a suit against the defendant stating that he was detained from giving a vote and his right to vote was infringed and also claimed a certain amount of compensation for the damage caused to him. The defendant in his defence said that the party to whom he wanted to vote had won the election and therefore no damage and injury was caused to him.

The court held that no damage or injury was caused as the candidate for whom the plaintiff wanted to vote had won the election but his right to vote was violated. To restrain a person from giving vote is a civil wrong and therefore the plaintiff had the right to seek remedy from the court of law. The maxim ubi jus ibi remedium was applied in this case and the plaintiff was awarded some amount of compensation.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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