Tuesday, October 27, 2015

Ubi Jus Ibi Remedium






Latin: For every wrong, the law provides a remedy.
Related Terms: Equity
An ambitious principle or maxim of Roman law now often used, and well known to the common law but also part of the judicial arsenal in the Chancery courts (equity).

Broom defines ubi jus ibi remedium as:
"There is no wrong without a remedy.

"Whenever the common law gives a right or prohibits an injury, it also gives a remedy.”

"If a man has a right, he must, it has been observed, have a means to vindicate and maintain it, and a remedy if he is injured in the exercise and enjoyment of it, and, indeed, it is a vain thing to imagine a right without a remedy, for want of right and want of remedy are reciprocal."

Note these words used by Justice Kerner of the Circuit Court of Appeals of the USA in Leo Feist v. Young:
"It is an elementary maxim of equity jurisprudence that there is no wrong without a remedy."

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