Damages:

Damages under Tort Law is referred to as a form of compensation that a

person responsible for the tortious activity gives to the victim.
“Damages” is often mistaken for “damage.” It should be known, though,
that these two words are significantly different and distinct from one
another. Although “damages” refers to the compensation awarded or
sought, “damage” refers to the harm or loss that has been done.

Types of Damages:
‘Compensatory’ damages are sometimes referred to as regular damages.
By allowing him cash reward equal to the injury sustained by him,
ordinary damages are awarded to compensate the wounded person
equally. Aggravated damages are awarded where, on account of the
manner of commission of a tort, the judge raises the damages. Therefore,
an act committed willfully, maliciously or with excessive regard in the
course of an attack could call for a higher award. Aggravated damages
are considered such damages.
Exemplary damages are sometimes referred to as ‘punitive’,‘ vengeful‘
or ‘compensatory‘ damages. And the difference drawn by Pearson L.J. is
that the penalties of this sort are not meant as restitution for his loss to
the complainant, but as what the Americans call “smart money,” a form
of retribution for the claimant and a threat against unwelcome conduct to
others. This purpose, though, is foreign to the general philosophy of the
law of tort.
Remoteness of Damages:
Remoteness of damage is an interesting principle. Once the damage is
caused by a wrong, there have to be liabilities. The question is how
much liability can be fixed, and what factor determines it. The principle
of Remoteness of Damages is relevant to such cases. An event
constituting a wrong can constitute of single consequence or may
constitute of consequences i.e. series of acts/wrongs. The damage may
be proximate or might be remote, or too remote.
Scott v. Shepherd (Squib case)
D threw a lighted squib into a crowd. It fell on X. Who threw it further,
It fell on Y who threw it away. It fell on P, exploded and blinded one
eye. Held, D was liable to P. Though X and Y had intervened, D’s act
was the Causa Causans. The defendant pleaded novus actus intreveniens
but the court rejected this defence.

Remedies:
A tort is a civil wrong. Any person who commits a tort will be punished
according to provisions in tort law. When a party has something taken
away from them by another party, they have been aggrieved. When a
party‘s rights are violated, it is punishable by law. Legal remedies are an
example of these punishments.
A tort victim may have several possible remedies available under tort
laws. A remedy is a relief available to the person against whom any
wrong has been committed. The accused party gives such relief.

Types of Remedies:

1.Judicial Remedies:
When the court is involved in any case, and a remedy is granted to the
innocent party, the remedy is known as a judicial remedy.
Judicial remedies in tort law can be classified into:
Damages
Injunction
Specific restitution of property.
2. Extra-Judicial Remedies:
Extra-judicial remedies are provided when the dispute is not settled by
the court but instead settled by the disputing parties on their own.

Extrajudicial remedies under tort law include:

Self-defense
Prevention of trespass
Re-entry on land
Re-caption of goods
Abatement of nuisance

Injury to Person:
Personal injury law is an area of civil law concerned with providing
monetary compensation to victims of accidents or social wrongs. The
injured person bringing the lawsuit is called the “plaintiff,” and the
person or entity allegedly responsible for the injury is called the
“defendant.” In fatal accidents, the family of the decedent may bring a
wrongful death suit against the person or entity responsible for the
accident.

In some cases, there may be multiple responsible parties, and the

plaintiff may be able to sue all of them to recover the full amount of
compensation needed for his or her injuries. The defendant in turn may
allege that another person or entity was responsible and bring that person
or entity into the lawsuit as a cross-defendant.

Damage Compensation:
Compensation for physical injury includes consideration of past and
future economic losses as well as monetary satisfaction for a variety of
nonfinancial items of damage, such as pain and suffering or loss of
amenities, which are not amenable to precise mathematical calculation.
The various headings of damage do not have exact parallels in all
systems, but similar factors tend to be taken into account when
calculating the final award. In some systems, such as the French, where
the actual calculation of damages is treated as a question of fact and is
left to the judge of first instance, regional variations in the size of awards
occur. In England, by contrast, since the abolition of civil juries in
personal injury cases there has been a greater standardization for certain
headings of damages. Common-law systems prefer lump sum awards,
whereas in civil-law systems periodic payments are favoured. In many
instances the difference appears to be one of theory rather than of
practice. Thus, even where periodic payments are preferred, courts often
order or facilitate the award of damages in a lump sum, partly because
victims tend to prefer this method and partly because any future
complications are avoided. A third and perhaps equally important reason
is that lawyers can more easily exact their fees from lump sums than
from relatively small installments, however regular.

Measurements of damages:
Damages awarded for breach of contract. Generally, the purpose of an
award of damages for breach of contract is to compensate the injured
party. The general rule is that damages are meant to place
the claimant in the same position as if the contract had been performed.
Damages are usually awarded for expectation loss (loss of a bargain) or
reliance loss (wasted expenditure).
In some cases the court may award damages which go beyond a strict
measure of compensation. Examples of non-compensatory damages
include nominal damages, aggravated damages, restitutionary damages
and account of profits.

Damages for Mental & Nervous Shock:

• In order for a claimant to receive damages from nervous shock
due to the negligence of the defendant, they must prove all the
elements of the tort of negligence: 1) a duty of care exists; 2)
there is a breach in that duty; 3) the causal link between the
breach and shock; 4) shock was not too remote a consequence.
The rationale behind the law of nervous shock is that the body is
controlled by its nervous system (an essential part of the body)
and if by reason of an acute shock to the nervous system the
activities of the body are impaired and as a consequence is
prevented from functioning normally, there is a clear “bodily

Nuisance:
The word “nuisance” has been derived from the Old French word
“nuire” which means “to cause harm, or to hurt, or to annoy”. The Latin
word for nuisance is “nocere” which means “to cause harm”.
Nuisance is an injury to the right of a person’s possession of his property
to undisturbed enjoyment of it and results from an improper usage by
another individual.
Public & Private Nuisance
A public nuisance is when a person unreasonably interferes with a right
that the general public shares in common. A private nuisance is when the
plaintiff’s use and enjoyment of her land is interfered with substantially
and unreasonably through a thing or activity
Private Nuisance:

A nuisance interferes with the right of a specific person or entity, it is

considered a private nuisance. Unlike public nuisance, a private nuisance
is an act affecting some particular individual or individuals as
distinguished from the public at large. The remedy in an action for
private nuisance is a civil action for damages or an injunction or both
and not an indictment.

Malicious Prosecution:
A malicious prosecution is an abuse of the process of the Court by
wrongfully setting the law in motion on a criminal charge. To be
actionable as a tort, the prosecution must have been malicious and
terminated in favour of the plaintiff. Malicious prosecution is a common
law intentional tort. Like the tort of abuse of process, its elements
include intentionally instituting and pursuing a legal action that is
brought without probable cause and dismissed in favor of the victim of
the malicious prosecution.
Fraud & Misrepresentation:
Fraud
It is important to understand that in order to bring a fraud claim in
Texas, you must prove the defendant knowingly or recklessly made a
false claim of fact that was significant enough to cause you to:
Rely on their claim enough to act or not act on it, and
Suffer injury or damages because you relied on their claim.
Misrepresentation
Like any reasonable person, you or your business trusted another party
to give you accurate information to the best of their knowledge and act
according to the agreements made in a contract or transaction. In Texas,
when someone knowingly makes a false representation with the
intention to induce others to take action based on these claim(s), that is
considered a material misrepresentation.
Malicious prosecution:
Malicious prosecution is a common law intentional tort. Like the tort of
abuse of process, its elements include intentionally instituting and
pursuing a legal action that is brought without probable cause and
dismissed in favor of the victim of the malicious prosecution.
Subrogation:
Subrogation is a term describing a right held by most insurance carriers
to legally pursue a third party that caused an insurance loss to the
insured. This is done in order to recover the amount of the claim paid by
the insurance carrier to the insured for personal.
Subrogation is a term describing a right held by most insurance carriers
to legally pursue a third party that caused an insurance loss to the
insured. This is done in order to recover the amount of the claim paid by
the insurance carrier to the insured for the loss.