REMEDIES IN TORT
There are two types of remedies in Tort-
2) Extra Judicial
Judicial Remedies refers to those remedies that are afforded by the law and a person has to approach the Court of Law in order to obtain such remedies. These are of the following kinds-
1) Avoiding of Damages/ Compensation
2) Grant of Injunction Orders
3) Restitution of Property (Restore)
Extra Judicial Remedies are those which are available to a person by his own act alone and not by the court of law. Following are the kinds of Extra Judicial Remedies-
a) Re-Entry on the Land
b) Re-Caption of Chattel
c) Abatement of Nuisance
Damages are one of the most important remedies which the plaintiff can avail when a tort of injury is committed against him. Damages refer to a pecuniary compensation which the law awards to a person for the injury that he has sustained by the wrongful act of the other person. Damages may be of two kinds-
1) Nominal Damages– When there is an infringement of the plaintiff’s right by causing him injury but he has not suffered any loss, the law awards him nominal damages in recognition of his rights.
2) Contemptuous Damages– These are the damages which are awarded when it is spelt that an action should never have been brought before the court. The amount that is awarded is very low because the court forms an opinion that the plaintiff does not deserve to be fully compensated even though he has suffered great loss because the court finds no moral justification for it.
3) Ordinary Damages– Ordinary Damages refers to the simple damages that are awarded by the court depending upon the facts and circumstances of every case and also depending upon the amount of harm or injury that has been suffered by the plaintiff.
4) Special Damages– Special Damages are those damages that are claimed on certain special losses or express losses in special circumstances. These damages are not inferred by the court from the law established but only from special circumstances of each case.
a) Injunction– An injunction refers to an order of a court restraining the commission, reputation or continuance of a Wrongful Act of the Defendant. According to Law of Tort, a party in order to be entitled to injunction order must prove damage for the injury caused to him. An injunction may be granted by the Court to prevent trespass, or the Continuance of nuisance to dwelling house etc. Injunction may be of many kinds –
1) Mandatory Injunction- It refers to the injunction order by the court which is valid for a long period of time and it is mandatory in nature. The injunction order shall be mandatorily followed by the person against whom it has been issued.
2) Temporary Injunction- Injunction refers to an injunction of order that is temporary in nature and is granted for a specified period of time or until the further orders of the Court.
3) Prohibitory Injunctions- This kind of injunction forbids the defendant from doing some act which will interfere with the plaintiff’s lawful right.
b) Restitution of Property- When the plaintiff has been wrongfully disposed of his movable or immovable property, the court may order that the specific property shall be restored back to the plaintiff. Recovery of land and recovery of chattels shall be made an action and filed before the Court to obtain restitution orders by the Court.
Extra Judicial Remedies
Extra Judicial Remedies refers to those remedies which are adopted by the parties themselves for the redress of their grievances without going to the Court of Law. These are mainly four types of rights-
a) Right of Reentry of Land- A person who has been wrongfully ejected from his land has a right and subsequently can re-enter his land provided that he does so peacefully and without using any kind of force or violence against anyone.
b) Right of Re Caption to Chattels- If a person takes away a fountain pen from A’s pocket and runs with it, A has a right to run after him, C’s enforce ably takes back fountain pen from that person. Therefore, this may be referred to as right of re-caption for which there does not exist any civil or criminal action but it is important that the plaintiff must use only a reasonable degree of force that is necessary to take back the chattels. If the wrongdoer has kept the movable property in his house the plaintiff has the right to enter his property and take back his movable property, he does not have any right to re-enter the wrongful person’s property again.
3) Abatement of Nuisance- As a general rule everyone who is damaged by a private nuisance has a right to abated or remove it. A man may enter upon his neighbor’s land and is entitled to remove that nuisance. The abatement of nuisance is a remedy which is not favored by law and is usually not advisable to people because it may lead to breach of peace or means of doing irreparable damage.
4) Expulsion of Trespasser– A person can use a reasonable amount of force to expel a trespasser from his property.
In any case, the parties abating a nuisance must be careful not to interfere with the property of the wrongdoer in excess of what is only necessary to abate or to remove the nuisance. If there are any possible changes of alternate method to remove the nuisance then such methods must be adopted by the plaintiff in order to reduce any kind of harm or injuries to the parties.
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