Ubi Jus Ibi Remedium is a Latin maxim which means “for every wrong, the law provides a remedy.” If a person’s right is violated, he shall be compensated. Jus means the legal authority to do something and remedium means the right of action. The person has right to enforce the infringed right in any court of law. The right is incomplete without the availability of proper remedy if there is any breach. There is no legal remedy for every political and moral wrong.
The law of torts is the result of development in the maxim Ubi Jus Ibi Remedium. Tort means a civil wrong which causes personal injury or harm that can be grounds for a lawsuit. It can be said that where there is no legal remedy, no legal right exists.
Types of remedy:
- Damages: damages are the sum awarded by court in the form of compensation.
- Injunction: an order passed by the court to prohibit or compel the performance of a certain act
- Restitution of property: the court may order reinstatement of property, dispossessed from plaintiff
This principle was first time recognised in Ashby v. White (1703). In this case plaintiff was prevented from voting to an election though the plaintiff did not incur any loss, chief justice held that, “every injuria imports a damage though it does not cost the plaintiff.”
Essential elements of the maxim:
- The right violated should be recognised by the law
- There should be no ambiguity in violation of the right
- This maxim can be applied only if court does not provide any compensation
- This principle applies to both injuria sine damno and damnum sine injuria.
Limitation on the Maxim:
- Violation of moral rights is not taken into consideration under this maxim
- This maxim cannot be applied to cases which has got proper remedy under common law
- This principle does not apply if aggrieved party was negligent
- This maxim does not provide remedy to breach of marriage vows or personal commitments
- This maxim does not apply in case of public nuisance
The applicability of Ubi Jus Ibi Remedium in India is as follows:
- The law of torts
- The Trust Act
- Section 9 of Criminal Procedure Code, which entitles a civil court to entertain all kinds of suits unless they are prohibited by law
- The Specific Rules Act provides for equitable remedies like specific performance of contracts, injunction and declaratory suits.