Ubi jus ibi remedium: Meaning, Explanation, Examples & Case Laws

Literal meaning	Where there is a right, there is a remedy
Pronunciation	OO-bee YOOS IB-ee reh-MEE-dee-um

Every legal right is backed by a legal remedy. If a right is violated, the law must give the injured person a way to enforce it. This maxim is the base of the law of torts.

Example

A tenant is locked out of his rented house without notice. His right to possession has been violated, so the court must give him a remedy such as an order restoring possession or damages.

Case laws

Ashby v. White (1703), England: a voter was wrongly refused his vote. Held: since his right was violated, he must have a remedy, even though he suffered no money loss.
Bhim Singh v. State of J&K (1985), Supreme Court: an MLA was illegally detained. The Court awarded compensation for the violation of his rights.

Exceptions / limits

The maxim does not create rights. It only says a recognised right must have a remedy. Loss without violation of a right gives no remedy (see damnum sine injuria).

Exam tip

Often asked as the basis of the law of torts, along with Ashby v. White.

Memory trick

Right and remedy are twins: if one is born, the other follows.

Key takeaway

Where the law gives a right, it must also give a remedy for its breach.