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Sunday, July 26, 2020

Ubi Jus Ibi Remedium

1. UBI JUS IBI REMEDIUM

(i) Meaning

Jus means legal authority to do or to demand something and remedium means the right of action. So it means there is no wrong without a remedy.

(ii) Importance of Maxim iub Jus Ibi Remedium:

The law of tort is said to be a development of the maxim ubi-jus-ibi Remedium. This maxim led the chancellor to intervene in the administration of justice in order to give a relief where the common law gave none relief by common law inadequate and to help the litigant by offering facilities in evidence and the procedure which the ordinary courts did not secure.

(iii) Conditions

(i) If a party has destroyed, lost or waived his right to an equitable remedy by his own act this maxim will not apply,

(ii) It will not apply where the rights and remedies fell within the exclusive domain of law.

(iii) It will, not apply if there is a moral infringement being incapable of enforcement.

(iv) Limitation

Following are the limitation of the maxim.

(i) Where rights and remedies both with in the jurisdiction of common law.

(ii) The courts are not authorized to question the act of state.

> Example

If a person files a suit against sovereign or diplomate, he cannot be given relief because diplomats have immunity from such proceedings.

(iv) Position in Pakistan

This maxim is applicable in Pakistan. The specific performance of the contract, ratification of the instrument, rescission of contract, cancellation of the instrument are its examples. The civil procedure code entitles a civil court to entertain all kinds of suit unless they are prohibited.




Source by Chaudhry Omar Ejaz