This Article is written by Sneha wadhwa & this article disscuss the concepts of Remedies Available in Law of Tort
- Introduction
- Kinds of Remedies
- Property Relief Is Available On A Specific Instance Basis
- Remedies Avaliable Outside Of The Judicial System
- Conclusion
Introduction
A civil wrong is referred to in law as a tort. Anyone who commits a tort will be punished in accordance with the provisions of tort law. Someone feels betrayed when they are deprived of something by someone else. In every case where a party’s rights are violated, the law steps in. Among the repercussions are, for example, legal remedies. When someone takes what they possess by force and gives it to another party, that party is said to be “aggrieved.” This is an acknowledged violation of someone’s rights. One such intervention is the legal system. When someone’s rights are infringed upon and they are put back in their former position, they are said to have been granted a legal remedy. An individual is said to have gained legal recourse when their rights are infringed upon and they are restored to their previous state. You have several legal choices at your disposal. As an illustration, suppose someone steals all you own, you have the right to file a lawsuit. Defendants have been ordered by the court to return your money or return your goods in their original state. In extreme cases, the court may even punish the party.
KINDS OF REMEDIES
In tortuous law, there are two different kinds of remedies:
• Judicial Remedies
• Extra-Judicial Remedies
(A)Judicial Remedies
There are three different types of judicial remedies:
1. Damages
2. Injunction
3. Property Relief is available on a Specific instance Basis.
1. Damages
The amount of money awarded to the harmed party to restore them to their pre-tort situation is known as damages, or statutory damages. A plaintiff is given them in order to help them recoup their damages. In tort cases, the most typical kind of redress is financial losses. It is not necessary to mistake the phrase “damages” with the plural of the word “damage,” which often denotes “harm” or “injury.”
a. Damages and Kinds of Damages
There have historically been four sorts of damages based only on the “objective” of compensation, which is to determine whether the defendant should be “penalized” or the plaintiff should be reimbursed:
- Embarrassing damages are sometimes known as contemptuous damages or deplorable damages. In cases when the complainant bears blame and cannot be deemed to have been rightfully “offended,” the court’s award of money is indicative of its unhappiness.
- Nominal damages: If a complainant’s legal rights are infringed upon but no actual harm is done to him, symbolic damages may be granted. A legal right is violated when someone trespasses, even if no harm is caused. In this instance, compensating the plaintiff is not the main objective.
- considerable Damages: When the plaintiff receives compensation for the particular loss he endured as a result of the tort, it is considered that he has acquired considerable damages.
- Exemplary Damages: This category has the highest number of credits. Damages from punishment may be granted in cases where the plaintiff suffered serious injury and the respondent purposefully failed to inform them of their rights. To provide a clear example and deter others from doing the same in the future is the aim.
b. General and particular damages: When the defendant’s wrongful behavior has caused the plaintiff to suffer a direct loss. In this case, the plaintiff will get compensation for the actual damages incurred, irrespective of the plaintiff’s
unusual bone illness. General damages are determined by taking the plaintiff’s actual loss into account. For instance, physical pain and suffering brought on by it, or if the plaintiff’s standard of living is diminished.
When a specific loss is proven, individual damages are granted. The actual quantity can only be determined using this formula. The claimant would just need to demonstrate how they have personally experienced a large financial loss, medical costs, possible wage loss.
2. Injunction
Injunctions seem to be granted by the court on a regular basis in tort cases. Instead of giving the aggrieved person money, an equitable remedy mandates that the other party fulfill his portion of the agreement. When a court instructs someone to stop or take action and then make a proper decision to recompense the person who has been harmed, the court issues an injunction. A project business may be forced by a court to build on land close to the hospital because construction noises could be disrupting the medical facility. There are four different types of injunctions:
• Temporary injunction
• Permanent injunction
• Mandatory injunction
• Prohibitory injunction
Property Relief Is Available On A Specific Instance Basis
Specified Restoration of Property is the last available judicial remedy under tort law.
Restitution is the process of returning property to its rightful owner. A person has the right to have his assets or property returned to him when it is stolen from him without consent.
Remedies Avaliable Outside Of The Judicial System
Extra – judicial remedies are legal actions taken by the parties themselves to address their grievances without having to go to court. They are primarily as follows:
1. Land-based re-entry entitlements
A property owner has the right to evict trespassers and reenter their area, but only with appropriate force.
2. Chattel re-captioning entitlement
The right to recapture items from someone whose unauthorized possession they are in belongs to the owner of the goods. Re-caption of commodities is distinct from particular restitution in that it is an extra-judicial remedy that allows the party to enforce the law on his own initiative without having to seek the court’s help.
Illustration: B has the right to reclaim B’s belongings from A by using reasonable force if A has illegally taken control of them.
3. Ignorance of annoyances
If an object causes annoyance, either in a public or private setting, the aggrieved party has the right to have it removed. As an example, consider the neighbors A and B. A tree’s branches cross the wall into B’s flat from A’s plot. If the branches are bothering B, he can trim or remove them himself after giving A enough warning.
4. Feasant in despair
When livestock or other animals from one person migrate into another’s land and destroy their crops, the property owner has the right to keep the animals in custody until he receives payment for the losses he has incurred.
Conclusion
There is a significant disagreement in opinion if the guidelines for calculating damages in contracts and torts are the same. The first part of the Hadley v. Baxendale concept, according to Perfect Condition, Winfield, and Lord Porter, complies with the torts rule. “The extent of tort damages according to Kemp & Kemp “always seems to be equal to, and occasionally bigger than, the measurement of damages in contract.” Numerous American academics have argued that tort damages can exceed those awarded under contracts, most notably Prosser, Harper, and James.
References
- S., A.P.P. and Singh, A. (2004) Law of tort with law of statutory compensation and Consumer Protection. Lucknow: Eastern Book Company.
