Ubi jus ibi remedium definition
Ubi jus ibi remedium means--- where there is right, there is remedy
Ubi jus ibi remedium which means that where there is right there is a remedy, a basic principle of English right which is accepted by the Indian law. When a person right is curtailed or being infringed then he has to approach to the appropriate forum or the appropriate judicial forum for the award of compensation. Such judicial form must have an authority to adjudicate on the matter. the judicial forum must have jurisdiction to deal with the matter.
Ubi jus ibi remedium is a Latin legal maxim which means “where there is a right there is a remedy”, which means that, when a person’s right is violated the victim will have an equitable remedy under law. This article is aimed at making an analysis of the two most important words used in Sections 73 and 74 of Indian Contract Act, 1872 i.e. “Damages” and “Penalty”. In this article, an effort has been made to analyse all the perspectives and all the ways in which these words can be construed so that one can easily conclude the real meaning and sense of these sections. These two words are not defined under the same as to what does they mean or include.
Examples of Ubi jus ibi remedium in a sentence
The Latin maxim Ubi jus, ibi remedium denotes “where there is a right, there is a remedy”.
More Definitions of Ubi jus ibi remedium
Ubi jus ibi remedium means where there is a right there is a remedy. Such remedies are available in the nature of
Ubi jus ibi remedium is a Latin maxim that means ‘where there is a wrong, there is a remedy’. Human rights are expected to be universal and applicable to every human being. In reality not all rights guaranteed in the International Instruments are applicable in some African societies with different culture, religion and norms. Culture shapes the identity of people generally in Africa and elsewhere thus the issue of Cultural Relativism is germane to the very existence of people of African descent.
Ubi jus ibi remedium. , the term means where there is a right, there must be a remedy. Any court not inferior to a District court having jurisdiction can grant relief in both the cases of infringement and passing off suit. Various types of reliefs granted to which a plaintiff is entitled are-
Ubi jus ibi remedium is a Latin legal maxim which means “where there is a right there is a remedy”. The basic prin- ciple contemplated in the maxim is that, when a person’s right is violated the victim will have an equitable remedy under law. The maxim also states that the person whose right is being in- fringed has a right to enforce the infringed right through any action before a court. This article is aimed at making an anal- ysis of the two most important words used in Sections 73 and 74 of Indian Contract Act, 1872 i.e. “Damages” and “Penal- ty”. These two words are not defined under the same as to what does they mean or include. Actually, what exactly these sections mean and includes and what are the interpretation of said sections is a matter of understanding and moreover the interpretation of said sections may differ in different cases. So, in this article an effort has been made to analyse all the per- spectives and all the ways in which these words can be con- strued so that one can easily conclude the real meaning and sense of these sections. Reason being provisions of law should be used, not misused.