Legal Remedies | Law of Torts - CLAT PG PDF Download

Introduction 

Legal remedies refer to the reliefs that are available to an aggrieved person through the judicial system. These remedies can be classified into two main categories: judicial remedies and extra-judicial remedies.

Judicial Remedies

• Damages: Compensation awarded to the aggrieved party for the loss suffered.
• Injunction: A court order directing a party to do or refrain from doing a specific act.
• Specific Restitution of Property: An order directing the return of specific property to its rightful owner.

Extra-Judicial Remedies

• Using ADR methods: Alternative Dispute Resolution methods such as mediation or arbitration to resolve disputes without going to court.
• Self Help provided by law: Legal actions a person can take on their own, such as:
• Expulsion of trespasser: Removing someone who unlawfully occupies land.
• Re-entry on land: Regaining possession of one's land.
• Recapture of goods: Retrieving one’s property that has been wrongfully taken.
• Distress of damage feasant: Seizing and selling an animal that causes damage to one’s property.
• Abatement of nuisance: Stopping or removing a nuisance causing harm or inconvenience.

Legal remedies are essential in providing individuals with a means to seek redress and protect their rights through the judicial system or alternative methods.

Legal Concepts of Damages and Injunctions

Monson v. Associated Newspapers Ltd.

• In this case, the court determined that exemplary damages could be awarded against a person who publishes defamatory material for profit, even if they do not believe it to be true.

Types of Damages in Legal Context

Damages in a legal context refer to the monetary compensation awarded to a party as a result of a legal wrong or injury. There are various types of damages, including:

• Prospective Damages: These are damages that are likely to result from the wrongful act of the defendant but have not yet occurred at the time the court is deciding on the damages. For example, in the case of Subhas Chandra v. Ram Singh, the appellant was awarded compensation for probable future loss due to permanent disability caused by an accident. The Motor Claims Tribunal initially awarded Rs. 3,000, but the Delhi High Court increased it to Rs. 7,000 on appeal.

Injunctions: An Overview

• An injunction is a court order that directs a person to do a specific act or restrains them from doing a particular act. Injunctions can be classified in two ways:
• Prohibitory and Mandatory Injunctions
• Prohibitory Injunction: This type of injunction orders a person to refrain from doing an act. For example, an order not to encroach upon the plaintiff's property or cause nuisance.
• Mandatory Injunction: This type of injunction directs a person to perform a specific act, such as removing an illegally built structure from the plaintiff's land.
• Permanen t and Temporary Injunctions
• Permanen t Injunction
• A permanent injunction is a final order by the court that permanently prohibits the defendant from asserting a right or committing an act that is contrary to the plaintiff's rights. It is granted after a full consideration of the case.
• Temporary Injunction: Also known as an interlocutory injunction, it is granted to maintain the status quo until the court makes a final decision. For example, if two parties are in dispute over the title of a piece of land, a temporary injunction may be granted to prevent one party from making changes to the land until the court resolves the issue.

Specific Restitution of Property

• Specific Restitution of Property refers to a legal remedy where a person who has been wrongfully dispossessed of their movable or immovable property can seek the court's order to restore the specific property back to them. This is applicable in cases of wrongful eviction or recovery of chattels.
• As per Section 6 of the Specific Relief Act, 1963, a person wrongfully dispossessed of immovable property is entitled to recover the property without reference to any title set up by another party. Section 7 of the Act provides similar rights for movable property.

Extra-Judicial Remedies

• Expulsion of Trespasser: A person can use reasonable force to repel a trespasser from their property, as long as the force used does not exceed reasonable limits. For example, in the case of Scott v. Mathew Brown & Co., the rightful owner of a property is entitled to eject a trespasser without causing personal injury. In Edwick v. Hawkes, it was emphasized that violence should be avoided when ejecting a trespasser.
• Re-Entry on Land: A person wrongfully dispossessed of their land has the right to retake possession peacefully without using force. For instance, in the case of Hemmings v. Stoke Poges Golf Club, the owner of a land can expel a trespasser using only necessary force without incurring damages for the force used. Section 6 of the Specific Relief Act, 1963 allows a person in possession of immovable property to recover possession within six months of dispossession without reference to any title set up by another party.
• Recapture of Goods: A person entitled to immediate possession of chattels can recover them from anyone who has been in actual possession and detaining them, as long as the possession was wrongful from the beginning.
• Abatement of Nuisance: Affected party can remove a nuisance peacefully, without endangering life or limb, and after giving notice to remove it. If necessary, entering another's land to abate a nuisance is permissible, unless it is unsafe to wait. In cases like Lemmon v. Webb, the occupier of land can cut off overhanging branches or sever roots from neighbor's trees. However, in Someshwar v. Chanilal, cutting branches of trees standing on both parties' land is not allowed.