| 1. UBI JUS IBI REMEDIUM | | | | remedies fell within the exclusive domain of law. |
| (i) Meaning | | | | (iii) It will, not apply if there is a moral infringement |
| Jus means legal authority to do or to demand | | | | being incapable of enforcement. |
| something and remedium means the right of | | | | (iv) Limitation |
| action. So it means there is no wrong without a | | | | Following are the limitation of the maxim. |
| remedy. | | | | (i) Where rights and remedies both with in the |
| (ii) Importance of Maxim iub Jus Ibi Remedium: | | | | jurisdiction of common law. |
| The law of tort is said to be a development of | | | | (ii) The courts are not authorized to question the |
| the maxim ubi-jus-ibi Remedium. This maxim led | | | | act of state. |
| the chancellor to intervene in the administration of | | | | > Example |
| justice in order to give a relief where the | | | | If a person files a suit against sovereign or |
| common law gave none relief by common law | | | | diplomate, he cannot be given relief because |
| inadequate and to help the litigant by offering | | | | diplomats have immunity from such proceedings. |
| facilities in evidence and the procedure which the | | | | (iv) Position in Pakistan |
| ordinary courts did not secure. | | | | This maxim is applicable in Pakistan. The specific |
| (iii) Conditions | | | | performance of the contract, ratification of the |
| (i) If a party has destroyed, lost or waived his | | | | instrument, rescission of contract, cancellation of |
| right to an equitable remedy by his own act this | | | | the instrument are its examples. The civil |
| maxim will not apply, | | | | procedure code entitles a civil court to entertain all |
| (ii) ' It will not apply where the rights and | | | | kinds of suit unless they are prohibited. |