Test: Remedies under Tort Law - CLAT PG MCQ

Compensatory damages are specifically designed to cover the actual losses a plaintiff experiences as a result of a tort. This includes expenses like medical bills or lost wages, aiming to restore the victim to the financial position they were in before the tort occurred. It's important to understand that compensatory damages are the most common type of award in tort cases, highlighting the legal system's focus on making victims whole again.

A mandatory injunction is a court order that compels the defendant to take a specific action, such as removing a structure that interferes with the plaintiff’s rights or property. This type of injunction is essential when the defendant's actions are causing ongoing harm and a court deems it necessary to enforce specific behavior to rectify the situation.

Punitive damages are awarded in cases where the defendant's conduct is found to be particularly egregious, malicious, or reckless, as seen in the scenario where a company intentionally spreads false information. These damages serve not only to punish the wrongdoer but also to deter similar behavior in the future. Unlike compensatory damages, which address actual losses, punitive damages focus on the nature of the defendant's actions.

To successfully obtain an injunction, the plaintiff must show that they have a strong case with a high likelihood of success. This is critical because injunctions are equitable remedies that prevent harm before it occurs or continues, and courts need to be assured of the plaintiff's chances of prevailing in the underlying dispute.

For specific restitution to be granted, the plaintiff must demonstrate that they have a legal right to possess the property in question. This remedy is pertinent when the property has been wrongfully taken or held by another party, and it aims to restore the rightful owner to possession of specific items rather than providing monetary compensation.

The key distinction is that judicial remedies are court-ordered and involve a legal process, whereas extra-judicial remedies are actions taken by the plaintiff without court involvement. This means that while judicial remedies provide a structured legal framework for addressing torts, extra-judicial remedies allow for immediate responses to certain situations but carry the risk of liability if not executed lawfully.

Self-help in tort law refers to the plaintiff’s right to take reasonable action to protect themselves or their property from immediate harm, such as using reasonable force to remove a trespasser. This principle allows individuals to act swiftly to defend their rights without waiting for legal proceedings, provided their actions are lawful and proportionate.

Distress damage feasant allows a property owner to detain animals or objects causing damage on their land until the owner compensates for the harm. A critical condition for this remedy is that the damaging items must be located on the plaintiff's property, which justifies the detention to secure compensation for the actual damage caused.

In the case of Constantine v. Imperial Hotels Ltd., nominal damages were awarded because the plaintiff suffered a violation of rights due to racial discrimination, but did not experience significant actual harm. This illustrates that nominal damages serve to recognize the infringement of rights even in the absence of tangible losses, emphasizing the legal system's commitment to upholding individual rights.

Abatement in tort law refers to the plaintiff's right to remove or stop a nuisance or trespass that is affecting their property. This remedy allows individuals to take reasonable actions to resolve issues directly, such as trimming overhanging branches or removing obstructions, provided they give notice to the responsible party, unless it is an emergency situation.