WHERE THERE IS A RIGHT THERE IS A REMEDY
1. Origin:
Strict rules in Common Law Courts
Limited Writs available at Chancery Courts
2. Meaning:
Derived from Latin saying:
Ubi Jus Ibi Remedium
3. Application & Limitation:
i. Only Legal Rights or Equitable Rights
Not applicable on moral rights
Legal Rights:
Black’s Law Dictionary:
Claim enforceable by legal means against person or community; well-founded
claim, enforced by sanctions, or right to which state gives sanction of remedies.
Equitable Remedy:
Black’s Law Dictionary:
A right enforceable in a court of equity; and certain rights now recognized in all
the courts are still known as "equities," from having been originally recognized
only in the court of chancery
ii. Right & Remedy Provided Under Common Law
iii. Not Applicable In Case of Negligence of Parties
Examples:
Party kept waiting to seek remedy
Party destroyed evidence
4. Application in Pakistan:
i. Civil Procedure Code, 1908
1. Origin:
Strict rules in Common Law Courts
Limited Writs available at Chancery Courts
2. Meaning:
Derived from Latin saying:
Ubi Jus Ibi Remedium
3. Application & Limitation:
i. Only Legal Rights or Equitable Rights
Not applicable on moral rights
Legal Rights:
Black’s Law Dictionary:
Claim enforceable by legal means against person or community; well-founded
claim, enforced by sanctions, or right to which state gives sanction of remedies.
Equitable Remedy:
Black’s Law Dictionary:
A right enforceable in a court of equity; and certain rights now recognized in all
the courts are still known as "equities," from having been originally recognized
only in the court of chancery
ii. Right & Remedy Provided Under Common Law
iii. Not Applicable In Case of Negligence of Parties
Examples:
Party kept waiting to seek remedy
Party destroyed evidence
4. Application in Pakistan:
i. Civil Procedure Code, 1908
