Skip to main content

Ubi Jus Ibi Remedium

 Ubi Jus Ibi Remedium

The law of tort is defined by acts that are considered civil wrongs, and the remedy for such wrongs is compensation/damages. Certain Latin maxims exist now, such as Injuria Sine Damnum, Damnum Sine Injuria, Ubi Jus Ibi Remedium, Volenti non fir injuria, and so on.

Damnum Sine Injuria: To put it another way, this maxim means "harm without hurt." Damage refers to monetary, health, and other types of losses, while harm refers to a violation of a legal right. This issue was considered in the case of Gloucester Grammar School Case, in which the plaintiff brought a lawsuit against a nearby educational institution. As a result, the plaintiff incurred a significant financial loss, and admissions to his institution were also reduced. There is no infringement of Plaintiff's legal right, hence no cause of action exists, according to the court.

Injuria Sine Damnum is a Latin adage that means "injury without harm." It is in violation of the principle of damnum sine injuria. According to this maxim, if someone has lost money as a result of someone else's actions but there has been no breach of his legal rights, there is no cause of action. What matters is the violation of a legal right to establish a cause of action.

Ubi Jus Ibi Remedium: This maxim is closely linked to the principle of damnum sine injuria. The term jus refers to legal authority, hence ubi jus ibi remedium means "where there is a right, there is a remedy." The terms "right" and "remedy" are interchangeable. If someone has a right to anything, then there must be some type of remedy available in the event that that right is violated. The circuit court of appeals of the United States stated in the well-known case of Leo Feist v. Young: "It is an essential maxim of equity of jurisprudence, and there is no injustice without a remedy."

If a person's legal rights are violated, he or she has the right to seek redress in a court of law, provided that the right is legal. Moral or religious rights cannot be enforced.

Essentials:

  • This maxim only applies where the right at issue is legal.

  • Only when an unlawful conduct violates a person's legal rights does a cause of action exist.

  • The maxim 'damnum sine injuria' will be applied if there is no legal injury to the person.

Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...