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Judicial Remedies: Meaning and Types
There are a variety of compensation options available to citizens of countries when a particular action or solution calls for financial compensation for losses brought on by accidents or the breach of contract by certain individuals.
Meaning of Judicial Remedy
Remedies are different sorts of compensation given to a person who suffers from the defect. Remedies are given to the subject in society to ensure justice and peace in matters where legal rights are concerned. It may be granted to anyone in a variety of ways, including a court order, a judgment following a trial, or an agreement between the party alleging harm and the party who caused it.
Types of Judicial Remedy
There are three basic categories of judicial relief −
The sum of money waged to the party who has been wronged to put them back in the situation they were in before the tort occurred is known as damages or legal damages. They are given to a plaintiff as compensation for the damage they have endured. The main remedy in a tort action is damages. The plural of the term "damage," which typically indicates "harm" or "injury," should not be muddled with the phrase "damages."
Types of Damages
Even when the plaintiff has a legal claim against the defendant, nominal damages are those where there is no actual harm that the plaintiff has experienced. These damages are offered in injuria sine damno proceedings, when the court acknowledges that the plaintiff's rights were violated but the amount of damages is minimal or low because the plaintiff has not suffered any actual loss.
The Court recognizes that the plaintiff's right has been violated in these types of damages, but only after demonstrating that the plaintiff's lawsuit is so frivolous that it has just wasted the Court's time. As a result, the court only grants the plaintiff a meager sum of money as compensation. This is comparable to nominal damages, but the sole distinction between the two is that in nominal damages, the plaintiff does not actually lose anything, whereas in contemptuous damages, the plaintiff does actually suffer damage, although a minor one for which he does not fully deserve compensation.
These damages are paid for things like the plaintiff's loss of self-esteem, pain and suffering, and other things that cannot be measured in monetary terms but yet cause the plaintiff additional injury that is not covered by compensatory damages. Therefore, these damages are extra ones that the plaintiff receives in addition to the ones for his financial loss.
These damages, often referred to as exemplary damages, are meant to penalize the offender and serve as a warning to others to refrain from acting in the same way that he did. As a result, whenever a court determines that the defendant's behavior was egregiously gross, it grants the plaintiff punitive damages.
General and Explicit Damages
This damage is the kind that should result from the tort. which can be taken action against per se, thus there is no need to say things like losing credibility in a libel lawsuit. The claimant's terms, such as carelessness, defamation, and annoyance, where damage is stated to be the action's gift, must be proven as a component of the cause of acts in torts.
In order to help the plaintiff, return to the situation he was in prior to the tort being committed against him, compensatory damages are given. The purpose of these damages is to put the plaintiff back in his pre-accident state, not to penalize the respondent. These damages are especially useful in situations where financial losses can be easily assessed, and it is possible to order payment of that amount to the plaintiff in order for him to purchase replacement products in place of the destroyed ones.
An injunction is an equitable remedy available in tort cases that the court may grant. An equitable remedy is one in which the court orders the other party to fulfill his end of the bargain rather than compensating the party that was wronged. Therefore, a court is issuing an injunction when it orders someone to stop doing something or to take action that will help the injured party recover their losses.
A court ruling known as an injunction prevents someone from committing an unlawful act further or directs them to take a positive action that will undo the effects of their unlawful behavior, or to right their wrongdoing. One must demonstrate damage or the potential for future damage in order to obtain an injunction against a party. (Apprehended damage). An injunction may be required, prohibitory, temporary, or permanent. Let's go over each of them individually. The Specific Relief Act (hereafter referred to as the Act), 1963, and Sections 37–42 of the Code of Civil Procedure, both from 1908, include the law on injunctions.
Types of Injunctions
The injunction comes in several forms.
While a case is pending, a temporary or interlocutory injunction is granted to preserve the status quo and prevent additional harm until the court issues a ruling. It forbids the defendant from carrying out or repeating the violation that he had been committing. For the duration of the legal processes, a temporary injunction is given to keep the party from experiencing damages.
When granting a temporary injunction, the following principles are borne in mind −
There must be a strong initial argument.
Convenience must be kept in moderation.
There needs to be irreparable harm.
After hearing from all parties involved and making a decision, the court may grant a perpetual or permanent injunction. Since it is a court order in this case, it is binding and always applicable. In other words, the defendant must commit a good deed forever or be prohibited from continuing his wrongdoing.
It is a required injunction when the court has ordered the party to take a certain action. This occurs when a party is ordered by the court to carry out a specific conduct in order to restore the aggrieved party or plaintiff to the situation that existed before the defendant's commission of the offense.
A prohibitory injunction is when the court orders the party to refrain from acting in a certain way. The court orders someone to stop doing something wrong or to desist from doing it. For instance, it can demand that the offending party remove the thing or cease the offending behavior.
Specific Restitution of Property
The final legal remedy available under tort law is known as specific property restitution. Restitution is the process of returning property to its rightful owner. A person is entitled to the restitution of his property when it has been unfairly taken away from him.
Remedying a party in a tort aims to restore that party to the status or position they were in before the incidence of the tort. Not like in criminal law, it is not to punish the defendant. The remedies are known as judicial remedies when a party must follow the law in order to obtain relief and the courts are engaged.
Q1. What do you mean by Trespass?
Ans. Trespassing is an action that goes beyond the boundaries set by the law. It is an unreasonable, purposeful interference with someone's person or property. The word "intention" in this context means choosing to do the wrong thing.
Q2. What are Extra-Judicial Remedies?
Ans. Extra-judicial remedies are those that a person can legally avoid or apply on their own without the help of a court. In this way, the parties assume control of the law.
Q3. What is False Imprisonment?
Ans. False incarceration occurs when someone is wrongfully barred from all conceivable directions, preventing them from traveling in a particular direction for any amount of time.
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