Judicial remedies in tort
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 the wrongdoer if his tort has been legally recognized. There are two types of remedies in tort law of tort, legal remedy by which an injured person is compensated by the wrongdoer in the form of money against his damage through the court of law. 2nd is an injunction is an order of the court of law which prohibits wrongdoers from doing something wrong in future. Both of the above are the legal remedies in favour of the injured person for his injury by the wrongdoer
Meaning of remedy
A judicial order to someone to make payment for damage is called a remedy
Definition of remedy
It is such penalty when the injured person is compensated by the wrongdoer against violation of his right through the court of law is called a remedy
Kinds of remedies
Following are the two kinds of remedies
- Judicial remedies
- Extrajudicial remedies
Judicial remedies
Judicial remedies also called legal remedies, are those remedies which are being enforced by the court of law in the shape of a penalty in favour of an injured person against the wrongdoer
Following are the subtypes of judicial remedies
Damages
In the law of tort, damage is the compensation of money to an injured person by the wrongdoer through the court of law is called damage
Kinds of damages
Following are the kinds of damages
- Special damages,
- General damages
- Exemplary damages
- Real damages
- Nominal damages
- Contemptuous damages
Injunction
In the law of tort, an injunction is a court order which prohibits the wrongdoer from doing something wrong in future again
Kinds of injunctions
Following are the kinds of injunctions
- The preliminary injunction is an initial injunction by the court to restrain a party from doing something until the case has been decided
- A temporary injunction is a temporary injunction by the court to restrain a party from doing something for a short period
- A permanent injunction is a final order by the court to restrain a party from doing something permanently
Specific restitution of property (Compensation)
In the law of tort, this theory is based on recovery; it is contrasted with the theory of compensation. This is the situation when the court gives an order to the wrongdoer to return the things to an injured person which has been snatched or gained by him through illegal ways
Extrajudicial remedies
In the law of tort, these are those remedies which are not connected with the court but have been accepted by the court of law where the injured person has the right to use force on his own without the help of the law
Following are the kinds of extra-judicial remedies
Self Help
In the law of tort, self-help is an extra-judicial remedy. When one finds himself in danger from another person. In this case, every person has the right to use reasonable force for the protection of himself or his family
Re-entry of land
In the law of tort, self-help is an extra-judicial remedy. When one found his property under the illegal control of another person. In this case, every person has the right to use reasonable force to get his property free from trespasser
Expulsion of trespasser
In the law of tort, the expulsion of a trespasser is an extra-judicial remedy; a 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 to keep them away from re-entering
Reception of goods
In the law of tort, reception of goods is an extra-judicial remedy, if a person has been deprived of his property or things he has the right to repossess them without the help of the court
Abatement of nuisance
In the 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 the right to remove (abate) the nuisance without the help of the court
Objectives of remedy
- The objective of remedy in the 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 wrongdoer against the violation of his legally recognized right
- The second objective of remedy in the law of tort is to build financial pressure on the wrongdoer by receiving an amount of compensation in the form of money for the injured person
- The third objective of remedy in the law of tort is to stop those who intentionally or negligently violate the rights of others
- The fourth objective of the remedy is the satisfaction of the injured person
When remedy is not applicable
Following wrongs are not tort while these come under the crime category and there is no legal remedy for such kind of violations because these are punishable crimes
- Criminal wrongs
- Breach of contracts
- Breach of trust
Example
If A enters into the land of B without permission of B. A has committed the tort of trespass.
Conclusion
There is nothing wrong without a 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 to compensate the injured person by the wrongdoer. 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 the court