All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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24.

The principle of "Ubi jus ibi idem remedium" was recognized in

A: Winterbottom V. Wright
B: Chapman V. Pickersgill
C: Ashby V. White
D: Rylands V. Fletcher

The answer is: C

Explanation

The correct option is C: Ashby V. White.

This is because in this case, the principle of ubi jus ibi remedium was recognized and applied by the court. The case involved a voter, Ashby, who was wrongfully prevented from casting his vote by a returning officer, White, in an election. Ashby sued White for damages, claiming that his legal right to vote was violated. White argued that Ashby had no remedy, since he did not suffer any loss or injury, and that the election result was not affected by his exclusion. The court, however, held that Ashby had a right to sue White for the breach of his right, even if he did not suffer any actual damage. The court said that "wherever a man has a right, and another shall do him a wrong contrary to that right, there the party injured shall have an action against the wrongdoer". The court also said that "it is a vain thing to imagine a right without a remedy; for want of right and want of remedy are reciprocal". Therefore, the court applied the maxim ubi jus ibi remedium and awarded damages to Ashby.