Q # 06: Explain the judicial remedies in tort.

1) Introduction
 As a matter of justice an injured person may have several possible remedies available under
tort laws and he can take legal action against wrong doer if his tort has been legally
recognized. There are two types of remedies in law of tort, legal remedy by which injured
person is compensated by the wrong doer in the form of money against his damage through
the court of law. 2nd is an injunction is an order of the court of the law which prohibits
wrong doer from doing something wrong in future again. Both of above are the legal
remedies in favor of injured person for his injury by wrong doer

2) Meaning of remedy
 Judicial order to someone to make payment for damage is called remedy

3) Definition of remedy
 It is such penalty when injured person is compensated by the wrong doer against violation
of his right through court of law is called remedy

4) Kinds of remedies
Following are the two kinds of remedies

 Judicial remedies
 Extra judicial remedies

1. Judicial remedies
 Judicial remedy also called legal remedy , these are those remedies which are being
enforced by the court of law in shape of penalty in favor of injured person against wrong
doer

Following are the sub types of judicial remedies

a. Damages
 In law of tort, damage is the compensation of money to injured person by the
wrong doer through court of law is called damage

 Kinds of damages
Following are the kinds of damages

1) Special damages,
2) General damages
3) Exemplary damages
4) Real damages
5) Nominal damages
 6) Contemptuous damages

b. Injunction
 In law of tort, an injunction is a court order which prohibits wrong doer from doing
something wrong in future again

 Kinds of injunctions
Following are the kinds of injunctions

1) Preliminary injunction , it is an initial injunction by the court in order to restrain

a party for doing something until the case has been decided
2) Temporary injunction, it is a temporary injunction by the court in order to
restrain a party for doing something for a short period
3) Permanent injunction , it is a final order by the court in order to restrain a party
for doing something permanently

c. Specific restitution of property (Compensation)

 In law of tort, this theory is based on recovery; it is contrasted with the theory of
compensation. This is the situation when court gives order to wrong doer to return
the things to injured person which has been snatched or gained by him through
illegal ways

2. Extra judicial remedies

 In law of tort, these are those remedies which are not connected with court but has been
accepted by the court of law where injured person has right to use force on his own without
the help of law

Following are the kinds of extra judicial remedies

a. Self Help
 In law of tort, self-help is an extra judicial remedy. When one found himself in
danger from other person. In this case each and every person has right to use of
reasonable force for the protection of himself or his family

b. Re-entry of land
 In law of tort, self-help is an extra judicial remedy. When one found his property
under illegal control of another person. In this case each and every person has right
to use of reasonable force in order to get his property free from trespasser

c. Expulsion of trespasser
 In law of tort, expulsion of trespasser is an extra judicial remedy; trespasser is a
person who commits an act of trespassing on a property without the permission of
 the owner. In this case owner can expel a trespasser or trespassing animal without
the help court in order to keep them away from re entering

d. Reception of goods
 In law of tort, reception of goods is an extra judicial remedy, if a person who has
been deprived from his property or things he has right of repossesses them
without the help of court

e. Abatement of nuisance
 In law of tort, abatement of nuisance is an extra judicial remedy, if a person is
being irritated by an object in this case he has right to remove (abate) the nuisance
without the help of court

5) Objectives of remedy
 The objectives of remedy in law of tort is the protection of the rights of persons, right of
property and right of reputation are included in this law.
 The primary objective of remedy in the law of tort is to compensate the injured person by
the wrong doer against the violation of his legally recognized right
 The second objective of remedy in the law of tort to build a financial pressure on wrong
doer by receiving an amount for compensation in the form of money for injured person
 The third objective of remedy in the law of tort is to stop those who intentionally or
negligently violates the right of others
 The fourth objective of the remedy is the satisfaction of the injured person

6) When remedy is not applicable

Following wrongs are not tort while these come under crime category and there is no legal remedy
for such kind of violations because these are punishable crimes

1) Criminal wrongs
2) Breach of contracts
3) Breach of trust

 Example
 If A enters into the land of B without permission of B. A has committed tort of trespass.

7) Conclusion
 There is not wrong without remedy. The law of torts provides two kinds of remedies which
are judicial and extra judicial remedies. The judicial remedies are those remedies which have
been enforced by the court of law in order to compensate the injured person by the wrong
doer. The extra judicial remedies are those remedies which are not connected with the
courts but have been accepted by the courts of law. But in this case injured person has been
entitled to use of force or he can take action on his own without the help of court