The Meaning of this Maxim is that “Where there is a Right, there is a Remedy” through which it implies that whenever there is any infringement of any right legal help can be sought.
When a person is not allowed to enter a Property though having a Valid Right, such restriction being infringement of his Right he can file such complaint, though he may not have occurred such loss.
Z trespasses on land of X, here though Z might have not caused any damage to X still X can sue Z for damages.
Case Laws: –
Ashby Vs. White: – in this case the plaintiff was refrained from voting by the returning officer in the parliamentary elections of United Kingdom, and it was held that violation of plaintiff’s right was a legal injury and the plaintiff must have a remedy although he has not faced any damage in particular. The Judge observed “held that a plaintiff ought to be allowed to recover, because the right to vote is a common law right and thus, an obstruction of that right should give rise to a cause of action.”
Sumit Vs. Chief Election Officer: – In this case the Information Commissioner held in favour of the Appellant saying that the appellant had a right to vote and deleting his name from the electoral roll without valid reason is infringement of his rights.
Hegarty Vs. Shine:- H got infected of a Disease because S didn’t reveal it, to when H sued S the court held that H cannot Sue S for any act which is immoral as it does not qualify to become a Right and where there is No right, there is No remedy.
- A person has trespassed into my property, what is my remedy? - There is a common well in my area but other members are not allowing me to take water from it? what can i do?