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Remedies Under Tort Law
When the wronged party is put back in the same situation they were in before to the infringement of their rights, it is deemed that they have obtained a legal remedy. There are various types of legal remedies. For instance, if someone steals anything from you, the court may order that person to pay you money back or to return your goods in their original state. The offending party may occasionally additionally face sanctions from the court.
What is Tort Law?
Tort law is a branch of law that deals with civil law, which includes lawsuits but excludes issues with contracts. Tort law is viewed as a form of restorative justice since it seeks to make up for losses or harm with monetary compensation. So, when a tort is committed, two things are simultaneously violated. In torts, the wrongdoer must make up for the injured party's losses. Unliquidated damages, which are established by the court based on the nature of the offence and are not predefined, are the form of restitution given to the party that was wronged.
Kind of Remedies in Tort Law
Following are the major types remedies in Tort Law −
These are the remedies that a party who has been wronged is entitled to under the law. The form of relief that the court can offer to an injured party is known as judicial relief. The name "judicial remedies" comes from this. Damages, injunctions, and particular property restoration are the three main ways that courts might dispense justice. Each of these will be discussed individually.
Judicial Remedies are available as −
Damages − The amount of money paid to the harmed party to put them back in the position they were in before to the tort occurring is known as damages or legal damages. They are given to a plaintiff in order to aid in their effort to recoup their losses. In a case for a tort, damages are typically the main remedy. Not to be mistaken with the plural of the word "damage," which implies "hurt" or "injury," is the phrase "damages."
Injunction − The court has the ability to grant injunctions, which are an equitable remedy for torts. A court may impose an equitable remedy, which entails asking the other party to fulfil his end of the bargain rather than compensating the party that was wronged. In order to recoup the harm caused to the aggrieved party, a court may order someone to stop doing something or to take other appropriate action.
Specific restitution of property − Specific Restitution of Property is the third legal remedy accessible under tort law. Restitution refers to giving property back to its rightful owner. A person has a right to have their property restored if it has been unfairly taken away from them.
Extra Judicial Remedies
Extra-judicial remedies are those used when the harmed party decides to enforce the law on their own (though legally).
Extra Judicial Remedies are −
A person is permitted to remove a trespasser from his property with reasonable force.
The owner of the goods in this situation has the right to reclaim them from anyone who is holding them illegally.
Any person (the aggrieved party) has the right to have the offending item removed in cases of nuisance, whether they are private or public.
Last but not least, farmer distress. In this situation, a person's cattle or other animals go to another person's property, ruining his crops. Until he receives compensation for the loss he sustained, the property owner has the right to keep the animals under his care. In this situation, the owner of the property has the right to use reasonable force to drive away the trespasser and allow himself back onto the premises.
The goal of providing relief to a party involved in a tort is to put them back in the same situation as before the tort occurred. In contrast to criminal law, it is not intended to penalise the defendant. The two types of remedies available are judicial and extrajudicial. When a party must adhere to the law in order to receive redress and the courts are involved, the remedies are referred to as "judicial remedies." The means by which the parties adopt the law as their own are known as extra-judicial remedies.
Due to the fact that each judicial remedy has its own set of laws that are established by the court, they are divided into numerous components. There are judicial remedies, which are divided into parts so that the injured party can quickly regain their position, but there are also nominal remedies, which simply explain the concept of injuria sine damno, which states that if a civil right is violated but no harm results, the party may still bring a claim under them.
Likewise, different types of judicial remedies available under this system, allowing people to readily regain their positions and allowing the legal system to treat everyone fairly.
Q1. What are the major types of remedies in tort law?
Ans. In tort law, there are primarily two categories of remedies.
Q2. Can you know tort without knowing about remedies?
Ans. Knowing the tort without understanding remedies is comparable to understanding football but not understanding what a goal is. It means, along with the knowledge of tort, the knowledge of remedies is essentially required.
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