LAW OF TORT

Lecture-VIII
Remedies Available in Tort

Omer Abdullah
Lecturer, Department of Law
 OBJECTIVES

To Understand The To Explain Its Different

Remedies Provided By Law
Kinds
Of Tort

2
 INTRODUCTION

There are two kinds of Remedies for torts, one is “Judicial” and
other is “Extra Judicial”. Judicial remedies are the remedies which
are granted by the courts of law, where as Extra Judicial remedies
are obtained without the interference of the court, by the
defendants own act alone

3
 MEANING

The means of remedy is to obtaining redress

of a wrong or enforcement of a right.

4
 DEFINITION

According to Cambridge dictionary

A legal remedy is a way of using the legal

system to make sure that someone's rights are
not taken away from them

5
 LEGAL REMEDIES FOR TORTS

It is also known as “damages”, these are monetary payments made by

the defendant for the purpose of compensating the victim for their
injuries, losses, and pain/suffering. These are calculated according to the
victim’s losses rather than the tortfeasor’s gains. Punitive damages may
be added in some types of tort claims. Claimants that win a judgment in
court are awarded pain and suffering damages
6
KINDS OF REMEDIES
Remedy

Judicial Ex-Judicial

expulsion of trespasser
Common Law Equitable Re-entery on land

Remedies Remedies reception of goods

7
abetment of nuance
 JUDICIAL REMEDIES

When a victim brings an action of tort and the

court of law provides him appropriate remedy,
then such remedies are called judicial remedies

8
KINDS OF JUDICIAL REMEDIES

Judicial

Common
Equitable
Law

Specific
Injunctions Restitution of Damages 9

Property
 DAMAGES

Definition

Damages are those pecuniary compensations,

which, the courts of law awards to a person for the
injury, he has sustained, by the wrongful act of
another
10
LIMITATION ON THE NATURE OF
DAMAGES

Damages are,
 

I. limited to the loss which a person has actually sustained

II. designed as to the satisfaction of the injured person

III.Designed as a punishment to the wrong doer, in order

to deter him from any such proceedings in future 11

 CASE LAW
Hosten Vs East Buck Shire Area Health Authority

Facts

The plaintiff when 13 years of age injured his hip by a fall. The plaintiff was taken
to a hospital run by the defendant. The injury was not correctly diagnosed and the
plaintiff was sent back to home. The nature of the hip injury was such that, it made
the plaintiff permanent disable by the age of 20. the plaintiff claimed damages for
the negligence of the medical staff. Defendant established that, even if the medical
staff had correctly diagnosed, when the plaintiff first came, there was still a 75%
12

risk of the plaintiff’s disability

 CASE LAW (CONT..)

Held

The trial court and the Court of appeal awarded the

plaintiff 25% of the full value of the damages,
awardable for the disability

13
 KINDS OF DAMAGES

1. Contemptuous damages
2. Nominal Damages
3. Substantial or ordinary damages
4. Exemplary damages

14
 CONTEMPTUOUS DAMAGES

Contemptuous damages are awarded when it is considered by the court of

law, that an action should never have been brought. They are similar to
nominal damages awards, as they are given when the plaintiff's suit is
trivial, used only to settle a point of honor or law

15
 NOMINAL DAMAGES

Nominal Damages are awarded where the purpose of the action is merely
to establish a right, and no substantial harm or loss have been suffered by
the plaintiff, but his legal right is infringed

Example
If a Person enters in the garden of another without the owner’s consent,
remains there for a while, and commits no harm to grass, or flowers etc.,
and leaves the garden. Even, there is no substantial harm to the property of
the plaintiff, but he can file a suit of trespass to property as his legal right 16

was infringed, here in such cases the court awards Nominal Damages
SUBSTANTIAL OR ORDINARY DAMAGES

Substantial or ordinary damages are awarded where it is

necessary to compensate the plaintiff for the injury he has in
fact sustained. These are also called compensatory damages

17
 CASE LAW
Wood Vs Conway (1914)

Facts
The plaintiff was the owner of a house and park which was
in front of defendant’s gas works. The fumes and smoke of
defendants gas work affected the trees of plaintiff’s park.

Held: The defendant was held liable as nuisance to

property. And here the court of law awarded substantial or
18
compensatory damages
 EXEMPLARY DAMAGES

exemplary damages are often called punitive damages, these

are damages requested and/or awarded in a lawsuit when the
defendant's willful acts were malicious, violent, oppressive,
fraudulent, wanton or grossly reckless

19
DAMAGES CAN BE AWARDED

Examples where exemplary damages can be awarded

I. Gross defamation
II. Seduction of a man’s daughter with deliberate fraud
III.Assault, Battery
IV.False imprisonment
20
 CASE LAW

Mathan Vs Nosservanji

Facts: Plaintiff was a woman who was an instructress in physical

culture and dancing bureau and also running an institution for poor
parsi girls. The defendant published a written obligation that she is so
much busy and unfit to carry out her profession and ruining the
future of the girls

21
 CASE LAW (CONT..)

Held: It was held a gross libel. And the court awarded

exemplary damages

22
 EQUITABLE REMEDIES
Injunctions

Definition:
“An injunction is an order of the Court, restraining the commission,
repetition, or continuance of a wrongful act of the defendant.”
 

23
DIFFERENCE BETWEEN INJUNCTION AND STAY
ORDER

Case Law (Mulraj vs. Murti Raghonathji Maharaj, 1967)

An injunction is applicable against a person while

an order of stay operates against a court. An injunction operates as soon
as it is issued but a stay order operates only when it is communicated to
the court to which it is issued
24
 OBJECT OF INJUNCTION

The basic object of granting an injunction is to

maintain status quo.

25
FORMS OF INJUNCTION

Injunction has four forms

a) Prohibitory
b) Mandatory
c) Temporary
d) Perpetual

26
 SPECIFIC RESTITUTION

The third kind of Judicial remedy is the specific restitution

of property. Thus a person, who is wrongfully
dispossessed of his movable or immovable property, may
restore them by bringing an action

27
EXTRA JUDICIAL REMEDIES

Extra Judicial remedies are those which are

available to a party, in certain cases of tort, by his
own acts alone.

28
KINDS OF EXTRA JUDICIAL REMEDIES

I. Expulsion of trespasser
II.Re-entry on land
III.Reception of goods
IV.Abetment of nuance

These remedies should not be exercised frequently as there

are chances of breach of peace 29
 CONCLUSION

From the above discussion one can easily conclude, where there is right
there is remedy, and a person who suffered injury, have both judicial and
extra judicial remedies depending upon the circumstances of the each case

30
31