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torts:remedies_in_torts

Remedies In Torts

The various remedies available for Torts are:

  1. Damages.
  2. Injunctions
  3. Restitution of Property
  4. Extra Judicial Remedies.

These may be dicussed with some details.

Damages

In Tort, damages refers to the pecuniary (Money) Compensa-tion that is determined by the court (Unliquidated Damages). The defendant is liable for the damage caused to the plaintiff if the damage is the direct consequence of the act of the defendant.

Scott V. Shepherd: Wagon Mound case etc.,

Kinds of damages

There are four kinds of damages:

  1. Nominal
  2. Substantial
  3. Exemplary
  4. Contemptuous.
  1. Normal damages are awarded in circumstances where only a right is established (e.g. Assault). This may not even meet the expense incurred for suing.
  2. Substantial damages are awarded to fairly compensate the plaintiff for his injury and suffering. The court considering the nature of the case, awards compensation which is fair and reasonable.
  3. Exemplary damages: Where it is not possible in calculate the compensation in terms of money. The court may take into account the conduct, motive and other circumstances and award aggravated (high) damages. This is exemplary. The objective is to make the wrong-doer an example, and to deter and punish such persons. The amount awarded is much more than loss suffered.
    Huckle V. Money: D, a Government servant entered the house of P under a nameless search warrant and made the search. P sued D. Held: D liable. As entering without proper authority amounted to an attack on the liberty of P, the court awarded exemplary damages.
    In Merzett V. William : The bank D, had without reason, refused to honour a cheque. P the drawer sued D. Held: D liable to pay exemplary damages.
  4. Contemptuous Damages : In “Contemptuous damages”, the court finds that the plaintiff should not have brought an action, as the matter was so “Trifling”. The court forms a low opinion of the plaintiff, but, to protect his right, it awards one rupee or some small amount. This is called contemptuous damages.

Cases of trespass on land, trespass to person are examples.

The rule is “De minimis non curet lex”. (Law does not take cognisance of trifles).

Extra-judicial Remedies

The Remedies are :

  1. Distress Damage feasant: This is an extra-Judicial remedy. A person in possession of land, may distress (means detain) a feasant for the damage it has done. He has the authority to seize and detain the animal, until compensation is paid to him. He may release it after the compensation is paid.
    “Feasant” means animal or chattel. Examples are the stray animals, Cow, Ox, Horse, etc. chattel may be a Road engine.
    The animal is to be detained when it is a creating a trespass.
    It should not be seized by a “Hot Chase”.

    The person who detains must take care of the animal as a reasonable man. He must provide proper food, shelter, water etc., to the detained animal. He has no right to sell or to use the animal.
    When compensation is paid, he should release the detained animal or chattel.
  2. Abatement of Nuisance
  3. Expulsion of Trespasser
  4. Recaption of goods: Retaking of goods with a right to take.
  5. Re-entry on land


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Created on 2020/10/19 23:15 by • Last modified on 2020/11/07 18:34 (external edit)