Law Notes for Students of Law

Maxims of Equity 1. EQUITY WILL NOT SUFFER A WRONG TO BE WITHOUT A REMEDY Meaning Where there is a right there is a remedy. This idea is expressed in the Latin Maxim ubi jus ibi remedium . It means that no wrong should go unredressed if it is capable of being remedied by courts. This maxim indicates the width of the scope and the basis of on which the structure of equity rests. This maxim imports that where the common law confers a right, it gives also a remedy or right of action for interference with or infringement of that right. Application and cases In Ashby v. White , wherein a qualified voter was not allowed to vote and who therefore sued the returning officer, it was held that if the law gives a man a right, he must have a means to maintain it, and a remedy, if he is injured in the enjoyment of it. In cases where some document was with the defendant and it was necessary for the plaintiff to obtain its discovery or production, a recourse to the Chancery Courts ...

Law on Tort   Definition of Tort-   Tort derived from the Latin word ‘tortum’ , which means ‘to twist’. It includes that conduct which is not straight or lawful. It is equivalent to the English term ‘wrong’. Salmond- It is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a trust or other merely equitable obligation. We may define tort as a civil wrong which is redressible by an action for unliquidated damages and which is other than a mere branch of contract or breach of trust.   Distinction between Tort and crime- Tort Crime i) Less serious wrongs are considered as private wrongs and have been labelled as civil wrong. i) More serious wrongs have been considered to be public wrongs and are known as crimes. ii) The suit is filed by the injured person himself. ii) The case is brought by the state. iii) Compr...