GENERAL REMEDIES IN TORTS B.A.LLB...pptx

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1. GENERAL REMEDIES IN TORT - Vikram -B.A.LLB, Semester 1st

2. Two kinds of General remedies in torts:-

3. Judicial Remedies:- Judicial Remedies means the remedies available to the victim of a tort in a court of law . The person against whom a tort has been committed may take course to law and seek his remedy in a court by bringing a suite.

4. Three Kinds of Judicial Remedies:-

5. Damages Damage is a primary is an action for tort. Damage is pecuniary compensation which is given to the person for the injury he suffered for the infringement of his rights If a person sustain injury by the wrongful act of another , he may bring a suite for a damage in court, and the court after being satisfied that his legal right has been infringed by the defendant, may awarded damages to the plaintiff

6. KINDS OF DAMAGES:-

7. Nominal Damage : Nominal Damages are given not as a Compensation for injury or damage to the plaintiff but for the recognition of a legal right vested in the plaintiff which is violated by the defendant. Nominal Damages are given only in respect of torts actionable per se. Substantial and Real Damages: This kind of damages given to the plaintiff to the actual damage suffered by him as a compensation for the loss caused to the plaintiff. It is also known as compensatory damages. In such cases amount which are determined as damages is as far as possible, very near to the amount which brings the plaintiff in the same situation in which he was he was before which he was before the injury was caused to him. Contemporary Damages: These are (trifling) damages as the courts form very low option of plaintiff’s claim or is of opinion that the case is such that it should not him not have been brought before the court. It may be one rupees or even one-half of a rupees. They are awarded in an action for liable.

8. Exemplary or Punitive Damages: In torts, the main aim of awarding damages is generally compensatory which is often equal to the injury caused to the plaintiff. But sometime damages may be exemplary or punitive in which the amount of damages is very high keeping in view the nature of injury or loss. Such damages are awarded in case tort is committed intestinally or maliciously. General and special damages: “General Damages” are such damages as law will presume to have resulted from the defendant’s torts. It generally happens where legal rights the plaintiff is violated by the defendant. For this it is not necessary that the plaintiff is violated by the defendant. ‘Special Damages’ are such loos as will not be presumed by law. Prospective and Continuous Damages: Prospective damages is that amount which may be the likely consequences of the defendant tortious act, but have not materialized till the decision of the case. For Example, if a person is injured is an accident and become lame of the damage is awarded not only up to the time of the intention of the proceeding but as well as damages for future injuries.

9. Injunction is an order of the court restraining, the commission repetition, or continuance of a wrongful act by the defendant. In order to get this remedy the plaintiff must prove either damage or apprehended damage An apprehended damage must involve imminent danger of substantial kinds or injuries which can be irreparable. Thus an injunction is a precautionary remedy to restrain imminent danger or wrongful act. Injunction

10. KINDS OF INJUNCTION:-

11. Temporary and Perpetual Injunction: Temporary injunction is such which may continue until a specific time, or until the further orders of the court that is , until the final hearing of the case. A perpetual injunction is one which is issued to prevent the defendant to do an act permanently which is against the right of the plaintiff. Prohibitory and Mandatory Injunction: Prohibitory injunction forbids the defendants from doing some wonderful act, repeating which is likely to interfere with plaintiff lawful rights. Specific Restitution of Property: This remedy is available to the injured party who had been wonderfully dispossessed of his movable and immovable property. In such case the court may order the defendant to restore the property to the plaintiff.

12. A person has certain remedies available to him outside the court of law. These remedies known as extra – judicial remedies, that is they can be restored to by a persons own strengths by way of self help. In such cases, instead of going to court the person protect his legal rights by himself. Extra - Judicial Remedies

13. EXTRA-JUDICIAL REMEDIES INCLUDE FOLLOWING REMEDIES :-

14. Self-help: Every person is entitled to use reasonable force to protect himself against any wrongful act. But this right is subject to condition that use of force for self-help must be in proportion to the danger and injury sought to be prevented. Re-entry on land: A person who has been dispossessed of his land wrongful can re-enter his and take its possession. He can use necessary force for this purpose provided it is done peacefully. Expulsion of trespasser: Every person have write to expel a trespass from his land. He can also use necessary force to expel the trespasser, but the use force must be reasonable and proportionate to the danger.

15. Reception of goods: If a person is dispossessed of his cattle or animals wrongfully, he is entitled to repossess them. In exercise of this right he can enter upon the land of another and it will not amount to trespass. Abatement of nuisance: If some nuisance is done or continuous to be done on a person’s land, then he is entitled to abate or remove the nuisance. For example, an occupier of a land may cut branches of a tree hanging over the window of his house which obstruct his light or his way.

16. REMEDIES UNDER THE CONSTITUTION ( ARTICLES 32 AND 226) Article 226  and Article 32 of the Indian Constitution provide for the right to constitutional remedies. This article is a fundamental right and guarantees equality in every aspect. Constitutional remedies are available to every citizen of India. A writ petition is a formal request made to a court for the enforcement of a constitutional right .  Article 32 also has the power of judicial review. This means that the supreme court can declare a law unconstitutional if it goes against any article of the constitution . Article 226 gives power to the High Courts to issue writs for the implementation of Fundamental Rights. This article also talks about equality in every aspect.

17. CONCLUSON The general remedies in tort law are designed to restore the injured party to the position they would have been in had the tort not occurred. These remedies primarily include damages, which compensate for the loss or injury suffered; injunctions, which prevent or mandate certain actions to stop ongoing or prevent future harm; and restitution, which requires the defendant to restore the plaintiff's property or money wrongfully taken. The goal of these remedies is to provide justice by addressing the harm caused, deterring future wrongful acts, and ensuring that the injured party is fairly compensated.