Remedies and Damages
The remedies and damages are classified under the Tort.Here,i can explain the remedies and damages of law which are available in tort.
The remedies are available to Plantiff for a Tort are of two types:
1. Judicial Remedies and
2. Extra-Judicial Remedies.
1. Judicial Remedies :
The Judicial Remedies are grant by the court to the injured party against the wrong doer.It is the usual remedy.
It may be divided into three types:
b. Injunction and
c. Specific Restitution of Property.
a. Damages :
"Damages" mean pecumary or monetary compensation given to the injured party.It is unliquidated.It is proportionate to the loss or damages incurred by the Plantiff.
The Damages are divided in to four kinds.
i. Contemptous Damages
ii. Vindictive Damages
iii. Nominal Damages and
iv. Substantial Damages
i. Contemptous Damages:
"Contemptous Damages" are also called as "Ignommous Damages".It is awarded by the court to recognize technical legal wrong.It is awarded as a mark of disapproval of the conduct of the plantiff who is equally blameworthy.It is awarded in cases of Defamation.
ii. Vindictive Damages:
"Vindictive Damages" is a damages are awarded by the court to great injuries done willfully.Eg:-Father suing for seduction of his daughter,Lady student suing a male student for kissing her in public against her will,etc...,This damages is also known as "Exemplary" or "Deterrent Damages".
iii. Nominal Damages:
These are fair and reasonable compensation for the loss suffered by the plantiff.This type of damages are ordinary and proportionate to the injury or loss of thye plantiff.It is called "Nominal Damages".
iv. Substantial Damages :
The "Real" or "Substantial" or "Ordinary Damages" are fair and reasonable compensation for the loss suffered by the plantiff according the "Nominal Damages".
b. Injunction :
Injunction is an order of a court restraining the commission,repition or continuance of a wrongful act of the defendant.The damage must also be irreparable.Eg.Injunction may be granted to prevent trespass or nuisance or infringment of patent right,etc...,
Injunction is divided into two types:
1. Postive Injunction and
2. Negative Injunction.
In Positive Injunction,the court prevents a person to do some positive act.It is also called "Mandatory Injunction".
In Negative Injunction,the court prevents a person from doing a certain unlawful thing.
c.Specific Restitution of Property :
When a person is wrongly deprived or dispossessed of his property the court may order the wrongdoer to return or restitute the property to the real owner of the property.
2. Extra-Judicial Remedies:
These are remedies available outside the court premises.Here,the plantiff takes the law into his own lands.
In the following cases,Extra-Judicial remedies are available.
1. A person can use reasonable force to defend his body or his property against the acts of the wrongdoer.This is called "Right of Self-Defence".
2. A lawful owner or occupier of an immovable property can use force to expel the trespassers and can reenter into the land.This is called "Right of Expulsion and Reenter".
3. A person wrongfully dispossessed of movable chattels can recover immediate possession by using reasonable force.This is called "Recaption".
4. In the case of private and public nuisance,the injured party can apply reasonable force to remove such nuisance.This is called "Abatement of Nuisance".
This is article is helpful to plantiff to get remedies from the defendant or opposite party.
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