Remedies available in an action for Tort
Remedies available in an action for tort
Remedies available in an action for Tort
Ans. Remedies available to the plaintiff under the law of tort are of two kinds
(A) Judicial, and (B) Extra-judicial
(A) Judicial Remedies
Remedies are said to be judicial when they are granted by the court in a suit filed by the injured party against the wrongdoer. The court then usually awards damages to the injured party which is the usual remedy. The remaining two remedies are the granting of an injunction and the restitution of property.
(B) Extra-judicial Remedies
Extra-judicial remedies are those which are available to an injured party in certain cases of torts where he is authorised to take the law into his own hands, and helps himself in the matter with out, re course to any court of law. These are available, to a party by using his own force e.g. expulsion of a trespasser, re-entry on land, abatement of nuisance etc.
Kinds of Judicial Remedies
Judicial remedies which are available for redressing torts are of the following kinds —
In law of torts damages are ordinary and essential remedy. Damages are the pecuniary compensation which the law awards to a person for the injury he has sustained by the wrongful act of another. They are limited to the loss which a person has actually suffered. They are designed not only as a satisfaction to the injured person, but likewise as a punishment to the guilty to deter him from any such proceeding in future. It is to be noted that only those damages can be recovered which are the direct consequence of a wrongful act.
Kinds of Damages
(i) Contemptuous damages
Contemptuous damages are awarded where, technically, a legal wrong is committed, but where the circumstances disclosed are such that court feels that no action should have been brought. They are awarded usually in actions of defamation. Where the court finds that the defendant is at fault, but the plaintiff’s conduct and character are also such that he does not deserve to be compensated, the court, in order to vindicate the law, grafts damages, but at the same time reduces them to such a small or contemptuous amount, as to indicate its disapproval of the plaintiff’s claim or conduct. In such cases, one pence in English Law, or a Paisa in Indian Law, may sometimes be awarded. Contemptuous damages are also called ignominious damages.
(ii) Nominal damages
Nominal damages are awarded by the court to the plaintiff, not by way of compensation, but by way of a recognition of some legal right of his which the defendant has infringed. For Example assault, trespass, invasion of a right of easement etc. an action for
(iii) Substantial damages
Substantial or actual damages are a sum of money awarded to the plaintiff as fair and equitable compensation for the injury suffered by him. They are also called ordinary or compensatory damages. Such damages are awarded in a great majority of actions in tort.
(iv) Exemplary damages
Exemplary damages are awarded in cases where there has been great injury by reason of aggravating circumstances ac companying the wrong. A heavy amount is awarded as an expression of indignation at the conduct of the defendant, whenever he has shown a conscious desire gard of the plaintiff’s rights. The object of giving exemplary damages is to make a public example of the defendant, in order to deter all persons from the commis sion of a similar act. Exemplary damages are also known as vindictive, punitive, or retributive damages.
For Example -S defames B with the intention to extort money from B. Here the court will order to pay B a heavy amount of damages to S so as to deter the other persons from so defaming.
An injunction means an order of the court (i) restraining a person from doing, continuing or repeating a wrongful act, or (ii) enjoining him to do some positive act which will put an end to a wrongful state of things created by him, or which will discharge his legal obligation. In the former case, the injunction is said to be prohibitory, whilst in the latter it is called mandatory.
A mandatory injunction is an order requiring the defendant to do some positive act for the purpose of putting an end to a wrongful state of affairs created by him, or otherwise in fulfilment of his legal obligation, e.g., an order to pull down a building which he has already erected resulting in an obstruction of the plaintiff’s lights.
Likewise, an injunction may be temporary (or interim), i.e., for a specified period only, as for instance, until the suit is finally disposed of by the Court, or perpetual (Permanent). A permanent injunction may be granted by the court after the final disposal of the suit to restrain the defendant from doing a wrongful act for all time.
3. Specific Restitution of Property
The specific restitution of property is granted by the court where the plaintiff has been wrongly dispossessed of his land or goods. Thus, a person who is wrongfully dispossessed of immovable property, or of some specific movable property, is entitled to recover such property by filing a suit under the provisions of Specific Relief Act, 1963.
Kinds of Extra-judicial Remedies
Extra-judicial remedies are of the fol lowing five kinds :
It is lawful for a man to defend his person or property and to use reasonable force towards another for the purpose. Sections 96 to 100 of the Indian Penal Code also provides remedies in case of criminal case. S.96 says that nothing is an offence which is done by a person in the exercise of his private defence.
2. Expulsion and re-entry
A person who is entitled to the immediate possession of immovable property, may expel the trespasser therefrom and re-enter it, provided that the force used by him is reasonable, and does not transgress the reasonable limits of the occasion.
3. Re-caption of goods
Where a person is entitled to the immediate pos session of movable property he may recover them from any person who has them in his actual possession and detain them, provided that such possession was wrongful in its inception, re-caption of chattels is an extra-judicial remedy. The plaintiff may help himself by his own act and strength without recourse to any court of justice or the sanction of any judicial declaration of his rights.
4. Abatement of nuisance
In cases of nuisance, private or public, under certain circumstances and subject to limitations, the injured party has the right to remove it.
5. Distress damage feasant
It means custody of the wrong-doer .Where one man’s beasts are on another man’s ground without licence and spoil his corn, grass, etc. to the owner is entitled to take possession of the beasts, until satisfaction is made to him for the injury he has sustained. The distress must be taken at the time the damage is done and while the beasts are on the land because if the damage was done yesterday and the distress taken today that would be illegal
Thus, anything animate or inanimate, which is wrongfully on the land of another and is doing damage, may be distrained for such damage.
Remedies available in an action for Tort | Remedies available in an action for Tort.
Law of torts