vustudents
08-24-2012, 07:29 PM
Q. Explain the maxim of the equity Ubi Jus ibi Rame Dium.
Q. Discuss equity will not suffer a wrong to be without a remedy. (2001) (2002)
1. Introduction:
Equity courts are the courts of natural justice. when ever a right is infringed, a remedy is available. there is always a remedy for a wrong. only rights recognized by law can be enforced by the court, Ubi Jus ibi Remedium is the crux of the whole jurisdiction of equity. it expresses that every right will be enforced and wrong redresssed by equity of not by common law then eqity will not provide a remedy against such law.
2. Meaning:
Equity will not suffer a wrong to be without a remedy means no wrong should be allowed to remain unredressed if it is capable of being remedied by the court of justice.
3. Explanation:
Ubi Jus ibi Remedium covers entire equitable jurisdiction. it explain that where there is a right there is a remedy. rights and remedies co-exist one cant not exist without the other.
4. Importance of maxim Ubi Jus Ibi Remedium:
The maxim ubi Jus ibi remedium led the chancellor to intervene in the administration of justice in order to give a relief by common law inadequate and to help the litigant by offering facilities in evidence and the procedure which orfinary courts did not secure.
5. Case law
Ashby Vs. White 13 End P. 253
When law clothes a man with a right, it also gives ways to have it rights and remedies co-exist and mere attribution of legal rights without a redress is meangless.
6. Conditions:
(i) If a party has destroyed, lost or waived his right to an equitable remedy by his own act this maxim will not apply.
(ii) It will not apply if there is a moral infringement being incapable of enforcement.
7. Limitation:
Following are limitation of the maxim.
(i) Where right and remedy both within the jurisdiction of common law.
(ii) Acts of state the courts are not authorized to question the acts of state.
Example:
If a person files a suit against sovereign or diplomate, he cannot be given relief because diplomats have immunity from such proceeding.
8. Non application:
This maxim will not apply in the following case.
(i) Where there is a breach of moral right because equity helps only where there is breach of legal right.
(ii) Where there is jurisdiction of common law courts.
(iii) Where there is negligence of plaintiff.
9. Position in Pakistan:
The maxim ubi Jus ibi remedium is applicable in Pakistan. the specific performance of the contract, ratification of instrument, rescission of contract, cancellation of instrument are examples. the civil procedure code entitles a civil court to entertain all kinds of suits unless they are prohibited.
10. Conclusion:
To conclude I can say that the basic idea ubi jus ibi remedium is that no wrong should be unredressed if it is capable of being remedied by the court. where a common law confers a right it also gives a remedy or right of action. but it has some limitation it does not provide remedy for all wrongs.
Q. Discuss equity will not suffer a wrong to be without a remedy. (2001) (2002)
1. Introduction:
Equity courts are the courts of natural justice. when ever a right is infringed, a remedy is available. there is always a remedy for a wrong. only rights recognized by law can be enforced by the court, Ubi Jus ibi Remedium is the crux of the whole jurisdiction of equity. it expresses that every right will be enforced and wrong redresssed by equity of not by common law then eqity will not provide a remedy against such law.
2. Meaning:
Equity will not suffer a wrong to be without a remedy means no wrong should be allowed to remain unredressed if it is capable of being remedied by the court of justice.
3. Explanation:
Ubi Jus ibi Remedium covers entire equitable jurisdiction. it explain that where there is a right there is a remedy. rights and remedies co-exist one cant not exist without the other.
4. Importance of maxim Ubi Jus Ibi Remedium:
The maxim ubi Jus ibi remedium led the chancellor to intervene in the administration of justice in order to give a relief by common law inadequate and to help the litigant by offering facilities in evidence and the procedure which orfinary courts did not secure.
5. Case law
Ashby Vs. White 13 End P. 253
When law clothes a man with a right, it also gives ways to have it rights and remedies co-exist and mere attribution of legal rights without a redress is meangless.
6. Conditions:
(i) If a party has destroyed, lost or waived his right to an equitable remedy by his own act this maxim will not apply.
(ii) It will not apply if there is a moral infringement being incapable of enforcement.
7. Limitation:
Following are limitation of the maxim.
(i) Where right and remedy both within the jurisdiction of common law.
(ii) Acts of state the courts are not authorized to question the acts of state.
Example:
If a person files a suit against sovereign or diplomate, he cannot be given relief because diplomats have immunity from such proceeding.
8. Non application:
This maxim will not apply in the following case.
(i) Where there is a breach of moral right because equity helps only where there is breach of legal right.
(ii) Where there is jurisdiction of common law courts.
(iii) Where there is negligence of plaintiff.
9. Position in Pakistan:
The maxim ubi Jus ibi remedium is applicable in Pakistan. the specific performance of the contract, ratification of instrument, rescission of contract, cancellation of instrument are examples. the civil procedure code entitles a civil court to entertain all kinds of suits unless they are prohibited.
10. Conclusion:
To conclude I can say that the basic idea ubi jus ibi remedium is that no wrong should be unredressed if it is capable of being remedied by the court. where a common law confers a right it also gives a remedy or right of action. but it has some limitation it does not provide remedy for all wrongs.