Remedy under Torts

A Tort is a civil wrong done to a person that infringes their rights. Remedies given under torts are a way to compensate the aggrieved party in a way in which it puts them in a position like before the tort had occurred. Torts do not impose criminal liability, but only civil, and monetary compensations are given to the aggrieved. The monetary compensation given out is known as damages. Damages do not refer to the ‘damage’ caused but the compensation given to the aggrieved so that he can be put in the same position as before the tort had happened. Damages can be general/nominal, exemplary, and compensatory damages.

1. A tort is a civil wrong wherein there is an infringement of the rights of a person by another person. The infringement may be done by an act of a person or persons. There are two types of wrongs; one is wherein the right of a person is infringed, but he does not suffer an actual injury, and the other is when a person suffers an injury, but his rights are not infringed.
2. There are two ways to get remedy under tort, judicial remedy and extra-judicial remedies. Judicial remedies are to be sought by courts whereas extra-judicial remedies can be undertaken by the aggrieved. Judicial remedies constitute of Damages, Injunction and Specific Restitution of Property.
3. Damages is the monetary compensation given to the person who has suffered because of a tort. The general idea is to put the person in such a position as before the tort. Damages can be of three types, namely, nominal, exemplary, and compensatory damages.
4. Nominal damages are awarded as a remedy for an infringed right of a person. The damages given are not very high and very nominal so as to prove that a legal right has been infringed, but no real injury or loss has been caused to the plaintiff.
5. Exemplary damages are awarded for punishing the offending behaviour. These losses are exemplary and are very high. Exemplary damages are provided as a way to set an example so that such torture does not occur again. They are also known as punitive damages.
6. Compensatory damages are given as the lump sum amount of loss that the person has suffered. It is just enough to put the aggrieved in a position as before the tort has occurred. It is given for the actual loss that the plaintiff has suffered due to the tort.
7. The injunction is a remedy available under judicial measures under torts. A court grants an injunction for stopping an action or, for the continuance of something so as to recover the damage of the aggrieved party. The Specific Relief Act, 1963 discusses Injunctions from Section 37 to Section 42.
8. The injunction is an order of the court to stop a wrongful act or to commit a positive act to reverse the damage caused by the wrongful act. The plaintiff has to prove that he suffered some damage by the act of a person to be granted an injunction. An injunction can be temporary or permanent (as given under Section 37 of the Specific Relief Act, 1963). Injunctions can be filed against individuals, groups or the State.
9. Temporary injunctions are granted when a case is pending in the court of law so as to prevent more damage from being caused. It is to maintain the status quo. An important element in granting a temporary injunction is that there must be permanent damage being caused to a party. Rule 1 and 2 of the Order XXXIX (39) of the CPC grants power to grant temporary injunctions.
10. The court grants permanent Injunctions by passing a decree during the hearing and on the merits of the suit filed. Permanent Injunctions prevent the defendant permanently from the assertion of a right or from the doing of an act which infringes the rights of the plaintiff.
11. Specific Restitution of Property is a judicial remedy in tort. When a person is wrongly dispossessed of his property, he can go to court for the restitution of his property back to him, and if the court finds rights infringed and wrongful dispossession, it can restore the goods back to the actual owner of the goods.
12. Extra-Judicial Remedies are when a person can lawfully remedy himself without going to courts. Extra-Judicial remedies consist of –

1. Expulsion of trespasser
2. Re-entry on land
3. Re-caption of goods
4. Abatement
5. Distress Damage Feasant

2. Expulsion of a trespasser as the name suggests, allows the actual owner of the land to expel any trespasser on his land with a reasonable amount of force used. The essential elements for this extra-judicial remedy are that the person should be entitled to the immediate possession of his property, and the force used by the owner should only be reasonable according to the circumstances.
3. Re-entry on land is when the owner of a property removes the trespasser to re-enter his property by using a reasonable amount of force only. The force used must not be in excess than what is required during the circumstances.
4. Re-caption of goods may be similar to Specific Restitution of Property in nature. Still, it is entirely different in the procedure as it is an extra-judicial remedy, and the owner of the goods does not require the prior permission of a court to get back the possession of his goods. The owner can use a reasonable amount of force to get his goods back in his possession.
5. Abatement is when in the case of a nuisance, private or public, the aggrieved person is entitled to remove the cause of nuisance. There is no need for prior permission of courts as it is an extra-judicial remedy. For example, if A and B are neighbours and a tree growing on A’s land has its branches extending into B’s land, B can, after giving due notice, cut the branches that are causing a nuisance to him.
6. Distress Damage Feasant allows the aggrieved person to take possession of another person’s cattle if the cattle have entered his property and caused him losses until the person compensates the loss to the aggrieved.

CONCLUSION

The Law of Torts imposes civil liability on a person if he commits an act or refrains from committing an act which causes the infringement of rights of another person. A tort is a civil wrong that may or may not cause monetary loss to a person, but the person’s rights are violated. The idea behind the punishment in torts is to put the person aggrieved, in a position as he was before, had the tort not happened. There are two ways to get remedy under torts, and they are Judicial Remedies and Extra-Judicial Remedies. Judicial Remedies require the parties to go to court, and the due process of law is followed. In contrast, in Extra-Judicial Remedies, the aggrieved can take the matter in his hands and can lawfully remedy himself using a reasonable amount of force.