Ubi jus ibi remedium by Yaminee Verma @LEXCLIQ

The legal maxims form an important part of a law student’s life. The legal education institutions often ask the students to focus more on adding legal maxims in their answers to fetch good marks as more the use of legal maxims means better legal arguments in the future, that’s what the motto of using legal maxims is given by the institutes. There are countless maxims that are available and one such maxim is Ubi jus ibi remedium. In this article, we will discuss about the maxim of Ubi jus ibi remedium in detail.

The maxim of Ubi jus ibi remedium

The meaning of this maxim is ‘where there is a wrong there is a remedy’. Therefore, if there is any wrongful act committed with a person, he will always have some or the other remedy made available by the law.

Illustration: Suppose there are two persons namely A and B. A hits B with his car and injures him badly. Upon asking for pay damages to A, A refuses to pay any money. In such a case, B can move to court and make a prayer to the court to direct A to pay damages to B. The court after hearing both the sides and going through all the evidences, may ask A to pay damages to B.

Essentials of Ubi jus ibi remedium

  1. Presence of a Right- The maxim ubi jus ibi remedium will only apply if a right exists and that right must be recognised by the court of law.
  2. Violation of legal rights- The wrongful act committed must have violated the legal rights of the plaintiff/complainant/petitioner/appellant.
  3. Sufficient relief not provided- This maxim can be used only when the lower court has not provided any sufficient relief to the person who sustained the injury.
  4. Legal injury- This maxim applies only if any legal injury had been caused to the complainant.

In Ashby vs White case, the plaintiff was going to give his vote in the elections. On his way, he was stopped by a police officer. The police officer asked him to come to the police station. The plaintiff requested that he will go the police station after giving his vote. But the police officer still detained him and made him sit in the police station. After the election time was over in the evening, the police officer let the plaintiff go. Later on, the candidate whom the plaintiff wanted to vote had won the elections. When the plaintiff moved to the lower court against the unlawful detention by the police officer, the court didn’t give him any relief saying that there was no harm caused to him and that the candidate he want5ed to vote had won the elections. Against the lower court’s decision, the plaintiff moved to the higher court where the court held that the plaintiff’s legal right to vote was violated and hence, he must get compensation. The maxim ubi jus ibi remedium was applied in this case and the plaintiff was awarded some amount of compensation.

Conclusion

The basic idea behind the principle of ubi jus ibi remedium is that whenever there is a right, there is also a remedy provided that the right is recognised by the law. Which means that no person can get away without any punishment after violating someone’s legal right.

Written by Yaminee Verma @LEXCLIQ

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