Latin: For every wrong, the law
provides a remedy.
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.
"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."
No comments:
Post a Comment