ubi jus ibi remedium
The maxim says that the law will not leave the violation of a legal right without a remedy. It is the basis of the rule that injury to a legal right is actionable even without loss (injuria sine damno), as in Ashby v. White (King's Bench/House of Lords, 1703), where a voter wrongly refused his vote recovered damages.
In India the maxim supports Section 9 of the CPC (civil courts try all suits of a civil nature unless barred), Article 32 (itself a fundamental right to a remedy) and the award of compensation for violation of fundamental rights. It does not mean that every moral wrong is actionable: only legal rights carry remedies.
Example
Since the plaintiff's legal right to vote was violated, ubi jus ibi remedium entitled him to damages even though his candidate won.
In Indian law
- Section 9, Code of Civil Procedure, 1908 (courts to try all civil suits unless barred)
- Article 32, Constitution of India (right to move the Supreme Court)
See also
injuria sine damno · constitutional tort · right
Read more in the study notes
- Ubi jus ibi remedium and legal damage (Law of Torts)
- Tort: meaning, nature and distinctions (Law of Torts)
- Rights: conception, definition, characteristics and kinds (Legal Concepts)
- Methods of study: lectures, textbooks, the case method and technical terms (Legal Methods)