.gif)
Meaning: Where there is a right, there is a remedy. This idea is expressed in the Latin maxim ubi jus ibi remedium. It means that no wrong should go unredressed if it is capable of being remedied by courts. This maxim indicates the width of the scope and the basis on which the structure of equity rests. Thus it is responsible for the entire equitable jurisdiction of the court of Chancery to prevent failure of justice. But the meaning of the maxim should not be understood to embrace very moral wrong. The maxim imports that where the common law confers a right, it gives also a remedy.
Application: In the case of Asbhy Vs. White, Asbhy is a qualified voter, but
was precluded from being able to exercise his voting right by the actions of
the presiding officer. Asbhy therefore sued the returning officer. It was held
that if the law gives a man right, he must have a remedy, if he is injured in
the exercise of and enjoyment of it. It was argued that the candidate for whom
the plaintiff wanted to vote was elected and that there was no precedent for
such an action. If it was allowed, that would lead to multiplicity of
proceedings. These arguments were rejected and Lord Holt observed that, “if man
will multiply injuries, actions must be multiplied too, for every man that is
injured ought to have his recompense.”
Limitations of the Maxim: Equity courts supplemented the Common Law Courts wherever they
afforded no remedy at all or afforded incomplete remedy or had insufficient
procedure to collect evidence. But to this there were certain limitations that —
a)
The equity courts could not
help where there was breach of a moral right only. Thus only the breaches of
legal rights and equitable rights were capable of being redressed.
b)
The equity courts afforded no
relief where the right and its remedy both were within the jurisdiction of the
Common Law Courts.
c)
The equity courts afforded no
relief, where due to his own negligence a party either destroyed or allowed to
be destroyed, the evidence in his own favour or waived his right to an
equitable remedy.
Recognition in Bangladesh: This maxim is recognised in Bangladesh and is used in The Trust
Act, Code of Civil Procedure, and Specific Relief Act etc.
No comments:
Post a Comment