Torts

Presetation
LEGAL REMEDIES

Nikhil Padhan
V-III- C
Roll No. 35
RULES OF REMEDIES

1. All the remedies which are available to the plaintiff must be

claimed at once
2. Where plaintiff’s two distinct rights are violated; two separate
suit may be filed.
3. Where defendant has violated plaintiff’s one right by two
distinct act; two suit may be filed.
4. For one injury one suit can be filed.
5. If the injury is continuing one; then successive suit can be filed
for everyfresh injury
Remedies Available under
torts are of two types

Judicial

Extra Judicial
JUDICIAL

DAMAGES

INJUNCTION

RESTITUTION
DAMAGES
It means the money compensation claimed by
the injured party and awarded by the Court.
In tort damages awarded are unliquidated
damages.
Damages cannot be awarded more than what is
claimed by the plaintiff.
While calculating damages, court has to
consider what amount will be
sufficient to overcome from the loss or injury.
Measures of damages depend upon various
things like causes, facts, circumstances of the
case.
There is no hard and fast rule to decide
quantum of damages.
The damages claimed should not be remote.
Damages may be contemptuous, nominal,
substantial, exemplary or
future.
TYPES OF DAMAGES
Contemptuous damages
Contemptuous damages are
awarded when it is considered that
an action should never have been
brought. When the plaintiff has
technically a legal claim but there
is no moral justification for it or he
morally deserved what the
defendant did to him,the Court may
award a half penny or a paisa
showing its disapproval of the
conduct of the plaintiff.
Nominal damages
In this the amount of damages are
so small that it may be just
negligible.
Nominal damages are awarded by
the court merely for the purpose of
recognition of the legal right
infringed. Ex- trespass, assault,
breach of easementory right.
Substantial Special damages
damages/general/ordin
ary
This is also known as real damages
which are awarded as
compensation for damage actually
suffered by the plaintiff.
This is as fair and equitable
compensation for injury suffered
by the plantiff.
Special damages are such as the
law will not infer unless proved at
the trial. Thus, in false
imprisonment, general damages
are recoverable for inconvenience,
indignity, and discomfort and the
defendant will not be heard to say
that, in fact, none were suffered.
TYPES OF DAMAGES

Exemplary damages Future damages

This is known as This is also known as

punitive damages. prospective damages.

This type of damages Plaintiff can claim the

are awarded where loss which is possible
the wrong or injury is in future due to the
grievous in nature and wrongful act of the
which is associated defendant.
with a deliberate
intention But plaintiff must
to injure. claim past, present
and future damages at
once.
INJUNCTION
-- Injunction is an order of the court to the party to suit, to do or to refrain from doing some act.

-- Injunction is granted at the discretion of the court.

-- Object of injunction is to stop damage or limit the damage by issuing

injunction.

-- Where damages are sufficient remedy; injunction is not granted by

the court.

-- Injunction is granted under the provisions of section 39 of Specific Relief Act and order 39 &
94 of Civil Procedure Code.
SPECIFIC RESTITUTION OF PROPERTY

It is granted where the plaintiff has been wrongly

dispossessed of his land or goods. Thus, a person who is
wrongfully dispossessed of immovable property, or of some
specific movable property, is entitled to recover such
property.

Ex. Restoration of dispossessed immovable property,

recovery of things.
EXTRA JUDICIAL

EXPULSION OF TRESPASSER
RE-ENTRY ON LAND
RE-CAPTION OF GOODS
DISTRESS DAMAGE FEASANT
ABATEMENT OF NUISANCE
EXPULSION OF TRESPASSER

A person who is lawful possessor of an immovable property can expel

or eject the trespasser.

He can use legitimate force to expel such trespasser

RE-ENTRY ON THE LAND

A person who has been wrongfully dispossessed of his land can take back
possession of his land.

He can use legitimate force.

DISTRESS DAMAGE FEASANT

It is remedy by which a person can detain the cattle or things which entered on his
land and causing any harm till he receive damages from the owner of such cattle or
things.

Person who detained cattle/things has a responsibility to take care of detained

cattle/things.
ABATEMENT OF NUISANCE

In case of nuisance, person injured has a right to remove it; peaceably, without
causing any danger to life/limb.
Thank you!