| 释义 |
ubi 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 judgment of Lord Chief Justice Holt in that case) is usually cited to exemplify the maxim. This principle, which has at all times been considered so valuable, gave occasion to the first invention of that form of action called an action on the case. Such actions played a major part in the development of the law of tort. |