Equity will not suffer a wrong to be without a remedy
Ubi Jus ibi Remedium
1. Introduction:
Equity courts are the courts of natural justice. Whenever a right is infringed, a remedy is available. There is always a remedy for a wrong. Only rights recognized by law can be enforced by the court, Ubi Jus ibi Remedium is the crux of the whole jurisdiction of equity. It expresses that every right will be enforced and wrong redressed by equity or not by common law then equity will not provide a remedy against such law.
2. Meaning:
Equity will not suffer a wrong without a remedy, which means no wrong should be allowed to remain unredressed if it is capable of being remedied by the court of justice.
3. Explanation:
Ubi Jus ibi Remedium covers the entire equitable jurisdiction. It explains that where there is a right there is a remedy. Rights and remedies co-exist one can’t exist without the other.
4. Importance of maxim Ubi Jus Ibi Remedium:
The maxim ubi Jus ibi remedium led the chancellor to intervene in the administration of justice in order to give relief by common law and to help the litigant by offering facilities in evidence and the procedure that ordinary courts did not secure.
5. Case law
Ashby Vs. White 13 End P. 253
When law clothes a man with a right, it also gives ways to have it rights and remedies co-exist and mere attribution of legal rights without a redress is meaningless.
6. Conditions:
If a party has destroyed, lost, or waived his right to an equitable remedy by his own act this maxim will not apply.
It will not apply if a moral infringement is incapable of enforcement.
7. Limitation:
The following are limitations of the maxim.
Where right and remedy both within the jurisdiction of common law.
Acts of state the courts are not authorized to question the acts of state.
Example:
If a person files a suit against a sovereign or diplomat, he cannot be given relief because diplomats have immunity from such proceedings.
8. Non-application:
This maxim will not apply in the following case.
- Where there is a breach of moral right because equity helps only where there is breach of legal right.
- Where there is jurisdiction of common law courts.
- Where there is negligence of the plaintiff.
9. Position in Pakistan:
The maxim ubi Jus ibi remedium is applicable in Pakistan. the specific performance of the contract, ratification of the instrument, rescission of the contract, and cancellation of the instrument are examples. the civil procedure code entitles a civil court to entertain all kinds of suits unless they are prohibited.
10. Conclusion:
To conclude I can say that the basic idea of ubi jus ibi remedium is that no wrong should be unredressed if it is capable of being remedied by the court. where a common law confers a right it also gives a remedy or right of action. but it has some limitations it does not provide a remedy for all wrongs.