Ubi jus ibi remedium - Types of Remedy

              Origin of the  Principle

In Ashby vs. white case (1703) 2 LD Raym 938.

Popular case law of England established the principles of ubi jus ibi remedium. In this case law a returning officer was held liable in damages for wrongfully refusing to take the plaintiff's vote at an election. so, whenever there is an infringement of a private legal right. There arises a possibility of damage. This is the best explanation of this Latin maxim ubi jus ibi remedium.

      

  Introduction

Ubi jus ibi remedium is a Latin maxim that means "where there is a right, there is a remedy." It is a legal principle that ensures that every person has the right to seek a remedy for any wrong committed against them. The maxim applies only to cases where a legal wrong has been done to a person and not to moral or political evils.

In procedural law, this principle emphasizes that when a legal right has been violated or when someone has a legitimate legal claim, there must be a corresponding legal remedy or procedure available to enforce that right or claim. A means of compensating someone for an injury or enforcing a right is known as a remedy.

The principle is recognized as a fundamental principle of the theory or philosophy of law, and it is the duty of the courts to protect and maintain the rights of parties and help them instead of denying them relief.

This principle is fundamental to many legal systems and helps uphold the rule of law.

 

            Types of Remedy

Private law remedy and Public law remedy.

Alternative remedy and extraordinary remedy.

 

             Private Law Remedy

These are the remedies that are available to individuals or private parties to enforce their rights or redress a wrong. Private remedies are usually sought in civil cases and aim to compensate the injured party for damages suffered. Common examples include monetary damages, specific performance (forcing someone to fulfil a contractual obligation), or injunctive relief (preventing a party from taking certain actions).

 

          Public Law Remedy

Public remedies are pursued when there is a violation of public rights or a broader societal interest to protect the public interest. These remedies are often sought in criminal cases and are meant to protect the general public. Penalties such as fines, probation, imprisonment, and community service are examples of public remedies.

 

Alternative Remedy

Alternative remedies provide parties with non-traditional methods of dispute resolution outside of formal court proceedings. Mediation and arbitration are common alternative remedies that allow parties to reach settlements with the assistance of a neutral third party. They can be faster, less adversarial, and more flexible than traditional litigation.

 

Extraordinary Remedy

Extraordinary remedies are invoked in exceptional circumstances and are not typically available in ordinary litigation. Writs and petitions for extraordinary remedies are filed to address issues like habeas corpus (challenging unlawful detention), mandamus (compelling public officials to perform their duties), or quo warranto (challenging someone's right to hold public office).

         In summary, remedies in procedural law encompass a range of legal solutions available to parties involved in disputes. Private and public remedies focus on individual or societal interests, while alternative remedies offer alternatives to traditional court proceedings. Extraordinary remedies are reserved for exceptional cases where standard legal processes are inadequate. The choice of remedy depends on the nature of the legal issue and the goals of the parties involved.