Tort is a civil wrong, and a person committing any tort will be punished according to the provisions of tort law. Now, the question is, what remedy will be available to the party or person against whom such wrong has been committed. When something that a party may have been enjoying is taken away from them by another party, they are said to be aggrieved. This is a violation of the party’s rights and is punishable by law. A legal remedy is another example of such a treatment. Please continue to read this law note to learn about the remedies available under the law of torts in detail.
What is Remedy under Tort Law?
The remedy is nothing but a relief available to the person against whom any wrong has been committed, and such relief is given by the accused party.
A tort can be committed against an individual or his property. Certain torts take place even if a person does not have an intention to commit them. Example – Nuisance.
Kinds of Remedies in Tort
Broadly, there are two kinds of remedies available in torts:
Let us learn more about the remedies available in tort.
1. Judicial Remedies.
When there is due involvement of the court in any case and remedy is granted by the court to the innocent party against whom the wrong has been committed, such a remedy is known as a judicial remedy.
Judicial remedies in law of tort can be classified into:
Here, damage does not mean any harm or injury. Instead, damages mean monetary compensation given to the aggrieved party. It is of two types – Liquidated damages, where the amount of compensation is already decided for a particular offence. Whereas in unliquidated damages, the amount of compensation is not fixed, and the court decides it according to the nature of an offence. In the law of tort, there are unliquidated damages.
Injunction is an equitable remedy available in tort. It means a stay order put by the court on a person’s property where a person is restricted to use his property.
For example, if a person has fraudulently acquired someone’s property and a dispute arises between them, the court can put a stay order on that property, and it cannot be used until the court’s final order.
Specific Restitution of Property.
Specific Restitution of Property means restoration of the property back to the owner. If a person has taken any property of another due to which dispute arises between them, then the court can order the person who has taken the property to return it.
2. Extra-Judicial Remedies.
In such cases, the dispute is not settled by the court. Instead, it is settled by the disputing parties on their own or by any competent authority.
Extra-judicial remedies under the tort law include:
- Self Defence.
- Prevention of Trespass.
- Re-entry on land.
- Re-caption of Goods.
- Abatement of Nuisance.
- Distress Damage Feasant.
It is lawful for a person to use reasonable force to protect himself or another person from any wrongful or unlawful act.
Prevention of Trespass.
It is lawful for a person to use reasonable force to:
(i) prevent someone from entering into their property, or
(ii) taking a person out of their property who has unlawfully entered into their property.
Re-entry on land.
A person wrongfully disposed of his land may retake possession of his land if he can do so peacefully and reasonably.
Re-caption of Goods.
A person entitled to custody of a chattel (tangible goods) does not commit a crime or tort by taking it peacefully or with reasonable force from someone who has wrongfully taken it or detained it.
Abatement of Nuisance.
The occupier of the land may lawfully abate (terminate) any nuisance affecting it:
(i) upon giving notice.
(ii) by choosing the least mischievous method.
(iii) avoiding unnecessary damage.
Distress Damage Feasant.
An occupier may lawfully or unlawfully seize any chattel from entering his land or doing damage. The person can detain them until compensation is paid for the damage.
Ubi Jus Ibi Remedium
The Latin maxim Ubi jus ibi remedium means where there is right, there is the remedy. This means that if any person’s legal rights are violated, they will be provided with the remedy for the infringement of that legal right. The Right to Remedy is also a Fundamental Right granted by the Indian Constitution.
Case Law: The petitioner in Bhim Singh vs State of Jammu and Kashmir was a member of the Jammu and Kashmir parliamentary assembly. He was wrongly arrested by a police officer while on his way to attend the legislative session, and he was barred from attending the session. He was not brought before the magistrate in a timely manner, despite the fact that he had a legal right to be present at the hearing. His constitutional right to freedom of expression under Article 21 was also breached. Finally, the Supreme Court ruled that the defendants were to blame and granted the petitioner Rs.50,000 in damages for the violation of his fundamental rights.
1. What Are the General Defences Under the Law of Torts
2. What Is Nuisance in Law of Torts in India?