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ubi jus ibi remedium Quick reference
A Dictionary of Law (10 ed.)
... jus ibi remedium [Latin: where there is a right there is a remedy] The principle that where one’s right is invaded or destroyed, the law gives a remedy to protect it or damages for its loss. Further, where one’s right is denied the law affords the remedy of an action for its enforcement. This right to a remedy therefore includes more than is usually meant in English law by the term “remedy”, as it includes a right of action. Wherever, therefore, a right exists there is also a remedy. Ashby v White ( 1703 ) 14 St Tr 695, 92 ER 126 (or rather the classic...
ubi jus ibi remedium
Ubi ius ibi remedium (est) Quick reference
Guide to Latin in International Law (2 ed.)
...Ubi ius ibi remedium (est) . ū´bē yūs, ē´bē rāmā´dē-ūm(āst) . ū´bē jus, i´bē remē´dē-um(est). “Wherever there is a right, there is a remedy.” A maxim meaning that every legal right implies some form of remedy to rectify the consequences of a transgression of the right. Compare with Lex dabit remedium and Ubicunque est iniuria, ibi damnum sequitur...
rights Reference library
The Oxford Companion to the Book
...Conflict over rights , positive and natural, is endemic in the publishing industries. In common-law tradition, where there is a right, there is a remedy ( ubi jus, ibi remedium ). The task of *copyright law has been to recognize rights or property interests pertaining to the creation and publication of works and to provide remedies where rights have been contravened and interests pre-empted. There have been disputes between authors (over *plagiarism ), between publishers (over *piracy ), and between authors and publishers (over property and...
remedy Reference library
Australian Law Dictionary (3 ed.)
...remedy ( redress , relief ) (1) A response by courts asked to adjudicate a civil dispute and make orders to redress a specific and actionable breach, infringement, or wrong. If there is no cause of action there is no remedy ( ubi jus ibi remedium ): ABC v Lenah Game Meats Pty Ltd ( 2001 ) 208 CLR 199. Remedies obtainable through the general common law and equitable jurisdictions of the courts include the common law remedy of damages and the equitable remedies of account; declaration; estoppel ; injunction ; specific performance ; ...
Reparations Reference library
Encyclopedia of Human Rights
...to recourse, for example, a court or an administrative program, the victim of a human rights violation cannot demand or receive reparation. Theoretical Considerations: The Purpose of Reparation A Latin dictum establishes that where there is a right, there is a remedy ( ubi jus ibi remedium ). Although the concept of reparation has existed in the legal sphere for a long time, theoretical discussions of the topic are rare. The most common rationale for reparation is compensatory justice, focusing on repairing the harm done and rectifying injustice. The moral...
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