Describe the Maxim Ubi jus ibi remedium.

Describe the Maxim Ubi jus ibi remedium.


Ques. Describe the Maxim Ubi jus ibi remedium.

Ans. Ubi jus ibi remedium – This maxim means that where there is a right there is remedy. That is to say whenever a right is violated the person whose right has been infringed has a remedy against the person who has violated it. The Maxim is also said to mean that there is no wrong without a remedy, that is to say that whenever someone is wrong he is given some remedy.

This principle has been established for the first time in the leading case of Ashby Vs White. In this case – The defendant, a reputed officer in a parliamentary election, wrongfully refused to take the vote of plaintiff, although the plaintiff did not suffer any loss by this refusal because the candidate for whom he wanted to vote won in spite of that. Holt, C.J said, – “every injuria imports a damage though it does not cost the party one farthing”. So the Defendant was held liable to pay damages to plaintiff.

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