Name: Zulqarnain Ali Bhatti

Registration number: 343-fsl/LLB 5Y / S21

Section: B
Submitted to: Sir Abdul Rehman Sheikh
Subject: Law of Torts
Introduction
When the aggrieved person is taken back to the position that they were enjoying before their
rights were infringed, they are said to have been provided with a legal remedy. There are various
types of legal remedies.

Remedies In Tort : For instance, if something that belongs to you has been taken away from
you by a party, the court can either ask them to pay you back in money, or ask them to return
your belongings as they were, and may also punish the party in some cases.
Remedies in Tort Law are of 2 types

Judicial Remedies: These are the remedies that the courts of law provide to an aggrieved
party.

Extra-Judicial Remedies: If the injured party takes the law in their own hand (albeit lawfully),
the remedies are called extra-judicial remedies.
Judicial remedies in tort are of three main types

Damages: Damages or legal damages is the amount of money paid to the aggrieved party to
bring them back to the position in which they were before the tort had occurred. They are paid
to a plaintiff to help them recover the loss they have suffered. Damages are the primary remedy
in a cause of action for torts. The word “damages” should not be confused with the plural of the
word “damage” which means ‘harm’ or ‘injury’.

Injunction: Injunction is an equitable remedy available in torts, granted at the discretion of the
court. An equitable remedy is one in which the court, instead of compensating the aggrieved
party, asks the other party to perform his part of the promises. So, when a court asks a person to
not continue to do something, or to do something positive so as to recover the damage of the
aggrieved party, the court is granting an injunction.

Specific Restitution of Property: The third judicial remedy available in the Law of Torts is
that of Specific Restitution of Property. Restitution means the restoration of goods back to the
owner of the goods. When a person is wrongfully removed from his property, he is entitled to
the restoration of his property.

Extra-judicial Remedies in Tort

These are of five main types:

Expulsion of trespasser: A person can use a reasonable amount of force to expel a trespasser
from his property.
Re-entry on land: In this case, the owner of a property can remove the trespasser and re-enter
his property by using a reasonable amount of force.

Re-caption of goods: In this case, the owner of goods is entitled to recapture his/her goods
from any person whose unlawful possession they are in.

Abatement: In case of a nuisance, be it private or public, a person (the injured party) can
remove the object causing problem to next person .

Distress Damage Feasant: Lastly, distress damage feasant. In this case, a person’s
cattle/other beasts move to another’s property and his crops are spoiled. The owner of the
property is entitled to take possession of the beasts until he is compensated for the loss suffered
by him.

Capacity to be sued or not to be sued :

Who cannot sue?
There are seven categories of persons cannot sue, these are:
An Alien enemy
Convict
Bankrupt
Husband and wife
Corporation
An Infant/Minor
A foreign state

An Alien Enemy
An Alien enemy is the person of enemy nationality or residing in the enemy territory. Such a
person doesn’t have the right to sue for tort. According to English law, the person cannot
maintain the right of sue unless allowed by order in council. Simply we can say that the alien
enemy has to take permission from the central government to sue some one .

Convict
A convict is a person against whom a judgement of death or imprisonment has been pronounced
by the court of law. According to English law, the person whose sentence is unexpired does not
have the right to sue for any damages to his property or for recovery. But this concept was
removed by criminal justice act, 1948.
Bankrupt
A bankrupt person can not sue to the bank however if there is case of assault and defamation
then there would be a tort case .

Husband and wife

Back in times, in English law, the husband and wife cannot sue. By the virtue of the married
women’s property act, 1882, a wife can sue her husband. But the husband cannot sue his wife. A
wife could not sue her husband for the antenuptial tort or personal wrong.

Corporation
A corporation does not have right to sue for the personal injury as because of its nature it is clear,
that a corporation cannot be injured personally but a corporation can sue for the tort affecting
its property.
The qualification is:
1-The tort must not be impossible in nature.
2-In the case of defamation, the corporation can sue the other person if, it can prove that the
injury has the tendency to cause actual damages.
3-A corporation may sue for a libel or any other wrong affecting its property or business.
If a person do a work with in the jurisdiction that is tort in nature then in that case tort case will
take place to the corporation how ever if the person do the act out of his jurisdiction then in that
case the person would be personally liable .

An Infant/Minor
A minor can sue for the tort committed against him, subject to that by his next friend or guardian.
But he cannot maintain a remedy for the injury sustained when he was in his mother’s womb.

A foreign State
In England, a foreign state cannot be sued in any court unless the action is recognized by her
majesty.

Who cannot be sued

Following cannot be sued these are as follow:
1-The king or sovereign
2-Foreign sovereign and ambassador
3-public official
4-Lunatics
5-Trade union

The sovereign or king: the king cannot be sued as per the law of England. Similarly, in Pakistan
a sovereign Allah (swt) and can to be sued to the sovereign, if a sovereign does any commercial
activity then in that case he / she will be liable. In UK Queen is sovereign.

The Foreign sovereign and ambassador: The foreign sovereign cannot be sued also his
family member or servant cannot be sued unless if he waive the advantages by submitting to the
jurisdiction of king.

Public Officials: The public officials cannot be sued if there is no negligence however if there
is a negligence then in that case the public official would be sued .

Lunatics: A lunatic cannot be sued because the lunatic is mentally ill therefore if a lunatic
commits a civil wrong then in that case the lunatics would not be sued due to his mental illness .

Trade Union : As per the Trade dispute act 1906 section 4 the trade union were immuned in
tort case . Then according to industrial revolution act 1971 the previous law was removed and
the question arrised weither the trade union are registered or not. As per Indian trade act 1926
if the trade union are registered then the respective trade union would be liable in tort case . In
case of unregistered firm the suit would be filed against the respective department that has done
tort or a person on the behalf of the firm .