Legal Remedies in Tort

Remedies in the Law of Torts means when an aggrieved party faces any damages and the remedies mentioned in the law of Torts help the aggrieved party by compensating the party who has faced damages. In this case, it can be said infringement of a people’s right is compensated by the remedies provided under the law. Legal remedies come in several varieties. For example, suppose a party takes something that is legally yours. In that case, the court can order that party to reimburse you for the lost value or to return the item in its original condition. In certain situations, the court may even impose penalties on the party.

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This Story also Contains

1. Types of Remedies
2. 1. Judicial Remedies
3. 2. Extra-Judicial Remedies
4. Case laws on Remedies of Torts
5. Conclusion

Types of Remedies

According to the law of Torts, two types of remedies are provided by the courts when a party faces damages.

1. Judicial Remedies

2. Extra-Judicial Remedies

1. Judicial Remedies

Judicial Remedies are those remedies which are provided by the courts to the aggrieved party. When a party comes into a contract with another party and either party refuses or fails to perform the promises as given under the contract it leads to a breach of contract and the party who did perform faces the damages and the courts provide them with remedies. According to the Law of Torts, the different types of remedies are Remedies by Damages, Injunction and Specific Restitution of Property. A detailed description of the types of judicial remedies is given below-

A. Remedies as Damages

Damages, also known as legal damages, are the monetary compensation granted to the harmed party to restore their pre-tort status. To assist a plaintiff in recouping their losses, they are paid. The main remedy available in a tort claim is damages. The word "damages" should not be mistaken with "damage's" plural, which usually refers to "harm" or "injury."The claimant should receive full compensation for the loss he has suffered, and this is the essential premise that guides the determination of a damages award. Insofar as this can be accomplished by the payment of money, he is entitled to be put back in the same situation that he would have been in had the tort not been committed. The Law of Torts provides different types of damages as a way of compensating the aggrieved party. The different types of damages as remedies are given below-

Nominal Damages

When a plaintiff's legal rights are violated but he suffers no actual harm, nominal damages are granted. For instance, trespassing still violates the law even though no harm has been done. In this case, compensating the plaintiff is not the goal.

In the case of Ashby v. White

In this case, Even though the defendant kept the plaintiff from casting a ballot, the candidate the plaintiff was planning to support prevailed. The defendant was sued by the plaintiff. Nominal damages were granted in this instance because it was decided that the defendant was nevertheless responsible for stopping the plaintiff from exercising his legal right to vote, even if the plaintiff had not incurred any harm.

Contemptuous Damages

In these types of cases, the plaintiff is awarded a minimal amount of damages to show that the complaint was so frivolous as to beggar the court's time. However, the court admits that the plaintiff's rights have been violated. This is comparable to nominal damages; the sole distinction between the two is that, in the case of nominal damages, the plaintiff has no actual loss, but, in the case of contemptuous damages, the plaintiff experiences actual damage albeit a minor one for which he is not entitled to full compensation.

Aggravated Damages

These damages are awarded to compensate the plaintiff for further harm that cannot be satisfied by compensatory damages. They are awarded for non-monetary damages such as the plaintiff's pain, suffering, and diminished sense of self-worth. Therefore, in addition to the damages granted for the plaintiff's financial loss, these damages constitute supplementary damages.

Compensatory damages

To help the plaintiff regain the status he had before the tort was committed against him, compensatory damages are granted. The plaintiff's status is intended to be restored, not to punish the defendant, with the award of these damages. These damages are particularly useful in situations involving monetary losses where the plaintiff can quickly quantify the amount of loss and have that amount ordered to be paid so he can replace the damaged goods or product with an equivalent sum.

Punitive Damages

These damages, usually referred to as exemplary damages, are intended to penalize the criminal and serve as a warning to others, discouraging them from repeating the same offence that he did. Therefore, if a court determines that the defendant's action was extremely egregious, it grants the plaintiff punitive damages against the defendant.

General and Specific Damages

In cases where the plaintiff's loss is directly related to the defendant's wrongdoing. For example, suppose that person A causes a car accident out of care and ends up hitting person B, who suffers from a rare bone ailment. In this instance, compensation will be granted based only on the plaintiff's actual losses, without consideration for the plaintiff's uncommon bone disease. The amount of real loss incurred by the plaintiff is used to determine general damages.

It takes unique loss evidence to get extraordinary damages. A straitjacket formula cannot be used to estimate the exact amount. The plaintiff merely needs to present proof of their injuries.

Measurement of Damages

There isn't a mathematical formula to calculate the amount of damage. The specific facts and circumstances of each case must be taken into consideration, among other criteria, to calculate the damages. Consequently, the court has the last word on whether to grant damages.

Remoteness of Damages

As previously stated, the principal objective is to compensate the plaintiff to return the aggrieved party to their pre-litigation position. In general, the defendant's activities ought to have directly caused the plaintiff to suffer damages. Any action can result in many different outcomes. It is impossible to hold someone responsible for every outcome that arises from their actions. Over time, the Law of Torts has debated the remoteness of effects arising from an individual's actions. Over time, some tests were created to establish what actions can result in a person being held accountable. The loss is deemed too remote to be paid where there is no clear causal connection between the plaintiff's injury and the defendant's actions.

B. Remedies as Injunction

An injunction is a kind of equitable remedy that the court may grant in tort cases. An equitable remedy is one in which the court requests that the other party fulfil his half of the agreement rather than awarding money to the harmed party. A very basic example of this would be a court ordering a company of builders to build on land near a hospital because the construction noises might be bothering the hospital. In other words, when a court asks someone to stop doing something or to take positive action to recover the damages of the aggrieved party, the court grants an injunction.

An injunction is a court ruling that prevents someone from doing the same wrongdoing twice or that directs the offender to take positive action to undo the consequences of the offending behaviour, making up for the wrongdoing that was done. One must demonstrate damage or the likelihood of future damage (apprehended damage) to obtain an injunction against a party. There are different types of injunctions given under the law they are-

Temporary injunctions

Until the court issues a decree, a temporary or interlocutory injunction is granted to preserve the status quo and prevent more harm. It prevents the accused from committing the same offence twice. A temporary injunction is granted to protect the party from suffering damages while the lawsuit is underway.

Permanent Injunction

The court issues a decree after hearing arguments from all parties and issuing a permanent or perpetual injunction. This is a court decree, thus it is final and enforceable indefinitely. In other words, the defendant must either stop his wrongdoing or commit a good deed that will last forever.

Mandatory Injunction

An order is required when the court has ordered the party to do something. In other words, it occurs when the court orders one party to take a specific action to restore the plaintiff or the party that was wronged to their pre-defendant status.

Prohibitory Injunction

It is known as a prohibitory injunction when the court orders the party to refrain from doing anything. The court forbids someone from doing improperly or refrains from doing anything wrong. For example, it can request that the offending party take down an obtrusive object or cease their obtrusive behaviour.

C. Specific Restitution of Property

The third possible judicial remedy under the Law of Torts is the Specific Restitution of Property. Returning items to their rightful owner is known as restitution. When someone is wrongfully deprived of goods or property, they have the right to have those things returned to them.

2. Extra-Judicial Remedies

Extrajudicial remedies refer to legal measures that enable an individual to legally prevent or atone for a tort without the involvement of the legal system. The parties in this decide to enforce the law on their own. Extra Judicial Remedies for torts are those that an injured party may pursue on his own, without the help of the court, to repair the harm that has been done to him. The different types of extra-judicial remedies given under the law are given below-

Expulsion of Trespasser

A person can eject a trespasser from his property by using a reasonable level of force. The individual must be entitled to immediate possession of his property, according to the first two standards. The owner should only use reasonable force in the given situation.

Re-caption of Goods

The right to recapture goods 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 initiative without having to seek the court's help.

Re-entry on Land

A landowner is entitled to use reasonable force to drive out trespassers and retake their territory.

Abatement

Regardless of whether an object is a private or public nuisance, anybody who is injured by it has the right to have it taken down.

Distress Damage Feasant

The final factor is the distress damage factor. In this instance, the crops of one person are ruined when his cattle or other animals relocate to another's land. The property owner has the right to keep the beasts in his care until he receives payment for the damages he sustained.

Case laws on Remedies of Torts

In the case of, M/S Hindustan Pencils Pvt. Ltd. v. M/S India Stationery Products

In this case, the plaintiff filed a lawsuit against M/s. India Stationery Products, alleging trademark infringement on their product, "Nataraj," which consists of pencils, pens, erasers, sharpeners, and other things. The plaintiff also sought a permanent injunction against the defendant. The plaintiff asserted that the defendants had adopted the trademark in 1961 and that they had mistakenly registered a copyright that was identical to theirs. After the plaintiff prevailed, the court issued an interim injunction for the defendant.

The Leisboch Case

In this case, the plaintiff's dredger was sunk by the defendant, Edison, who did so with negligence. The dredger was engaged in work under a contract that required payment of a certain sum if the work was not finished on schedule. To arrange for a new dredger and finish the mentioned task, the plaintiff lacked the necessary finances. They filed a claim for all of the subsequent damages. The defendants cannot compensate the plaintiff for his inability to pay, the court decided.

Conclusion

Preserving the status quo for the party that has suffered damages is the primary goal of remedies offered to the harmed party. Remedies are provided by the court to compensate the parties for the damages they have faced According to the law of Torts remedies can be of two types Judicial Remedies and Extra-judicial Remedies. Through the provisions of remedies, the courts punish the defendants for their acts. This article describes the different types of remedies given under the tort.