INTRODUCTION
Ubi jus ibi remedium est is a legal maxim. It originates from the ‘Latin’ language and the literal meaning of the maxim means when there is right there is the remedy. If a person commits any wrong, the law will provide a remedy for that. According to this maxim, no wrong should go without paying for compensation to the injured party. This maxim highlights the fact that there must be a wrong committed and the damages should be mention by the court of law. It is said that whenever a wrong has been committed, there must be a violation of legal duties. As we know, legal duties and legal rights are parallel to each other which indicates the possibility of wrong.
Ubi jus ibi remedium est is developed from the Law of Tort. The word ‘Ubi’ means legal authority to do something and ‘remedium’ means the person has the right to take action in the court of law. This maxim does not mean that there is a possible remedy for every wrong.
REQUIREMENTS OF UBI JUS IBI REMEDIUM EST
- This maxim applies only when it is right and the right should be recognized by the court of law.
- There must be a commission of the wrongful act.
- This maxim is granted only to the injured person to whom sufficient relief has not been provided.
LIMITATION TO UBI JUS IBI REMEDIUM EST
- It is not applicable to moral and political wrong.
- The maxim is not applied to the person who has been already given a remedy for the wrongs committed.
- This maxim is not applied when there is negligence on the part of the plaintiff.
- No remedies are available in case of breach of marriage.
CASE REFERENCE
In the case of Sardar Amarjit Singh Kalra v. Pramod Gupta, (2003) 3 SCC 272, the court opined that the aim of the court to protect the rights of the person and mentioned about the maxim ubi jus ibi remedium est.
Also read about Principles of Insurance contracts
This article is written by Tanya Singh and edited by Rupreet Kaur Dhariwal.