Ubi jus ibi remedium
Legal Maxim:
“Ubi jus ibi remedium”
Meaning: “Where there is a right, there is a remedy.”
This principle is a cornerstone in tort law, contract law, and general legal philosophy. It emphasizes that if a person’s legal right is violated, the law provides a remedy to enforce that right.
Explanation:
Origin:
This is a Latin maxim used in Roman law and later adopted in English law.
It reflects the fundamental principle that law is designed to protect rights, and if a right exists, the law should ensure some remedy for its violation.
Scope:
Applies to civil wrongs (torts), breach of contract, and other legal rights.
Ensures that legal rights are not illusory; they must be enforceable through a remedy.
Types of Remedies under this Maxim:
Remedies can be in the form of:
Damages: Monetary compensation for harm suffered (e.g., in negligence or nuisance).
Injunctions: Court orders preventing wrongful acts (e.g., stopping trespass or nuisance).
Specific performance: Enforcement of contractual obligations.
Application in Tort Law:
In tort law, this principle ensures that if a person suffers harm due to another’s wrongful act, they can seek legal redress.
The maxim underlines the purpose of civil law: protecting rights and compensating victims.
Case Law Examples:
Ashby v. White (1703) 2 Ld Raym 938
Facts: A voter, Ashby, was prevented from voting by a returning officer, White.
Issue: Could Ashby claim a remedy even though no actual loss of property occurred?
Held: The court held that denial of a legal right (right to vote) gives rise to a remedy, even if no material damage is suffered.
Principle: “Ubi jus ibi remedium” – where a legal right exists, the law provides a remedy.
Rylands v. Fletcher (1868) LR 3 HL 330
Facts: Fletcher’s coal mine was damaged by water from a reservoir constructed by Rylands.
Held: Fletcher had a right to protection against non-natural use of land that caused damage, and he could seek remedy.
Principle: The existence of a right (protection of property) gave rise to strict liability and a remedy.
Significance:
Protects Legal Rights:
Ensures that rights are meaningful and enforceable.
Foundation for Tort Remedies:
Tort law provides compensation, injunctions, or restitution based on this principle.
Encourages Accountability:
Any wrongful act that violates someone’s right can be remedied by law, deterring potential wrongdoers.
Key Takeaway:
“Ubi jus ibi remedium” guarantees that every legal right has a corresponding remedy.
It is a fundamental principle of justice ensuring that rights are enforceable and not merely theoretical.
RELATED Blog
0 comments