Ubi jus ibi remedium by Sesa Gill at LexCliq

Introduction 

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. This principle also underlines the fact that no wrong should be allowed to go without any compensation if it can be redressed by a court of law. The law presumes that there is no right without a remedy; and if all remedies are gone to enforce a right, the right in point of law ceases to exist.

Development of Ubi jus ibi remedium

The law of tort is said to be the development of the maxim Ubi jus ibi remedium.  The word jus” means legal authority to do something or to demand something. The word “remedium means that the person has the right of action in the court of law. The literal meaning of the maxim is where there is a wrong there is 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 chancery came into existence and have the jurisdiction to decide matters relating to equity and justice.

Essentials of Ubi jus ibi remedium

  • The maxim ubi jus ibi remedium can be applied solely wherever the right which exists and that right ought to be recognized by the court of law;
  • A wrongful act must have been done which violates the legal rights of a person clearly.
  • This maxim can be used only when sufficient relief has not been provided by the court to the person who sustained the injury.
  • This maxim is applicable if any legal injury had been caused to someone, if no legal injury has been caused then the maxim damnum sine injuria are used which implies harm without any legal injury.

Conclusion

The law provides and makes sure that people don’t suffer from violations of their rights. It ensures proper damages and compensations are provided to them by invoking the maxim Ubi Jus Ibi Remedium. This maxim doesn’t state that there is a remedy for each off-base. Numerous political and moral rights are perceived by law and the law doesn’t give a remedy to that. The fundamental thought behind Ubi jus ibi remedium is that no off-base will be unredressed on the off chance that it very well may be cured by the court. The maxim is commonly evident as no right exists without a remedy. The maxim is acknowledged by the law of misdeeds and gives a remedy in every single case as this regulation of custom-based law in England gives a remedy to every single wrong.

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