Equity Will Not Suffer A Wrong Without A Remedy Maxim Of Equity Law

Equity Will Not Suffer A Wrong Without A Remedy Maxim Of Equity Law 

Introduction Of The Maxim 

This maxim is also Known as Ubi Jus Ibi Remedium . or it is also known as No Wrong without a remedy . In Common law Only those wrong were considers wrong which were specifically mentioned in the common law to be wrong . if a plaintiff suit was not covered by those writs , it was liable to be dismissed the hardship of the common law courts , Compelled the King to introduce chancellor court to deal with such Cases which were not the subject matter of Common law courts . The Chancellor court introduce some principal on the basis of which the cases were decided which are twelve in number and the Equity will not suffer a wrong without a remedy is one of them .



Meaning Of This Maxim 

Whenever a right has been infringed a remedy will be given

What is meant by a Wrong 
The infringement of a legal right
What is a Legal right 
 A Claim  which is recognized by law


Ubi Jus ibi Remedum 

Where there is a wrong there must be Remedy ,

FOR Example 

A make B Trusty and transfer property to B and make Z beneficiary , B, Commit breach of trust and use the property to his own benefit  Z, had no remedy in the common law court , but in court of equity  Z Get the interest of the property on the basis of this maxim

Case Related To This Maxim 

Ashby Vs   White Case 

Ashby was Voter                            Plaintiff 
White  was Presiding Officer         Defendant 

In this case Ashby is a qualified vote and entitled to cost his vote for two Candidates at parliamentary election held in 1701 , the defendant prevented the plaintiff to cost his vote with out law full justification ,and to whom plaintiff was going to vote win election , without plaintiff vote the plaintiff  take action against White for injury , done to him by white with out lawful justification ,  the equity court decided the case by arguing that the right to vote aws given to Ashby by common law which is denied by the White with out lawful reason ,Although plaintff has suffered no actual loss , But still court had held that plaintiff legal right to vote has been violated and awarded him damages .

This Maxim is the source of entire Equity Jurisdiction 

The Equity has the following Jurisdictions
Exclusive Jurisdiction


1  where the court has the power  to deal a case to the exclusion of all other courts the  , Or When a Case is of such nature that no law covered it at the time .

2 when the existing law is apparently unjust if applied , would be unjust to any party of the case . 


3 When a Social Condition is so changed and law has become so conservative if , applied would be unjust to any party


Moreover , The Equity court  can only intervene to a case , which is not the subject matter of common law . or the common law provide incomplete or inadequate remedy  to the aggrieved party . 

There are some limitation on the use of this maxim , Which are Following 


The Equity court can not intervene when there is breach of moral right

The Equity Court can not intervene when the case is coming with in the jurisdiction of common law .

The Equity court also provided no relief to a party who himself has destroyed or lost he evidence or who waived his right by his negligence act .

This Maxim is also applicable in Pakistan And India , Which are incorporated in the following act , 

Trust act
The Code Of Civil Procedure Section 9
Specific Relief Act


In Pakistan and India the high court and supreme court act as equity courts there are no Saperate equity courts , Like U.K


Concluding Remarks 

To Conclude on the above detailed we would say that this maxim applicable in all cases where there is an infringement of legal right and actual damages not necessary for taking action .