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Law of Torts-I LAW OF TORTS-I Ms Taruna Reni Singh Faculty of Law University of Lucknow Lucknow Disclaimer: This content is solely for the purpose of e-learning by students and any commercial use is not permitted. The author does not claim originality of the content and it is based on the following references University of Lucknow LLB.(Hons) (Second Year) IIIst Semester Paper III : Law of Tort-I Unit-I : Introduction and Principle in Tort Nature & Definition of Tort Development of Tort Tort distinguished from Contract, Crime and Breach of Trust Cyber tort Unit-II :General Condition of Liability in Tort Wrongful Act Legal Damage Damnum sine Injuria Injuria sine Damnum Legal Remedy-Ubi jus ibi remedium Mental Element in Tort Motive, Intention, Malice and its Kinds Malfeasance, Misfeasance and non-feasance Fault whether essential Unit III Justification of Tort Volenti non fit injuria Act of God Inevitable accidents Plaintiff’s default Private defence Judicial and Quasi-Judicial Act Parental and Quasi-Parental authority Acts causing slight harm Unit-IV : Remedies and Damages Personal Capacity Who can be sued Who can not be sued General Remedies in Tort Damages and its kinds Remoteness of Damage (In Re Prolemis & Wagon Mound Case) Judicial and Extra Judicial Remedies Joint Tort feasors Vicarious Liability Books 1. Salmond & Heuston-On the Law of Torts (2000), Universal, Delhi 2. D.D.Basu, The Law of Torts (1982) Kamal, Calcutta. 3. Winfield & Jolowicz on Tort (1999) Sweet and Maxwell, London 4. Ratan Lal & Dhiraj Law-The Law of Torts (1997) Universal, Delhi 5. R.K.Bangia, Law of Torts For Academic Purposes Only Page 2 University of Lucknow For Academic Purposes Only Page 3 University of Lucknow Introduction Let us begin this topic by understanding what ‘remedy’ actually means in Law. A party is said to be ‘aggrieved’ when something that they may have been enjoying has been taken away from them by another party. This is an infringement of a party’s rights and it is treatable by law. A legal remedy is one such treatment. When the aggrieved person is taken back to the position that they were enjoying before their rights were infringed, they are said to have been provided with a legal remedy. There are various types of legal remedies. For instance, if something that belongs to you has been taken away from you by a party, the court can either ask them to pay you back in money, or ask them to return your belongings as they were, and may also punish the party in some cases. There are two broad types of remedies in Tort Law. 1. Judicial Remedies 2. Extra-Judicial Remedies Extra-Judicial Remedies When a person can lawfully avoid or remedy himself without the intervention of courts, the remedies are called extra-judicial remedies. In this, the parties take the law in their own hands. Some examples are: Expulsion of trespasser A person can use a reasonable amount of force to expel a trespasser from his property. The two requirements are: The person should be entitled to immediate possession of his property. The force used by the owner should be reasonable according to the circumstances. Illustration: A trespasses into B’s property. B has the right to use reasonable force to remove him from his property and re-enter himself. Re-entry on land The owner of a property can remove the trespasser and re enter his property, again by using a reasonable amount of force only. Re-caption of goods The owner of goods is entitled to recapture his/her goods from any person whose unlawful possession they are in. Re-caption of goods is different from specific restitution in that it is an For Academic Purposes Only Page 4 University of Lucknow extra-judicial remedy, in which the person need not ask the court for assistance, instead, takes the law in his own hands. Illustration: If A wrongfully acquires the possession of B’s goods, B is entitled to use reasonable force to get them back from A. Abatement In case of nuisance, be it private or public, a person (the injured party) is entitled to remove the object causing nuisance. Illustration: A and B are neighbours. Branches of a tree growing on A’s plot enter B’s apartment from over the wall. After giving due notice to A, B can himself cut or remove the branches if they’re causing him nuisance. Distress Damage Feasant Where a person’s cattle/other beasts move to another’s property and spoil his crops, the owner of the property is entitled to take possession of the beasts until he is compensated for the loss suffered by him. Conclusion In torts, the object behind remedying a party is to take the aggrieved party back to the status or position that they were enjoying before the occurrence of tort. It is not to punish the defendant, as in crime. Remedies can be judicial and extrajudicial. When due process of law is required for a party to gain remedy, and the courts are involved, the remedies are called judicial remedies. When the law is taken in his/her own hands by the parties, they are called extra-judicial remedies. For Academic Purposes Only Page 5 University of Lucknow References Books – A Lakshminath M Sridhar, RAMASWAMY IYER’S THE LAW OF TORTS (10th edition) Ratanlal and Dhirajlal, THE LAW OF TORTS, (26th Edition) M.N. Shukla: The Law Of Torts(20th edition) Dr.S.K.Kapoor on Law of Torts (7th Edition) W.V.H Rogers, WINFIELD AND JOLOWICZ TORTS, (8th edition) J.N. Panday : Law of Torts(9th edition) LINKS https://blog.ipleaders.in/remedies-of-tort-law/ Disclaimer: This content is solely for the purpose of e-learning by students and any commercial use is not permitted. The author does not claim originality of the content and it is based on the following references For Academic Purposes Only Page 6 .
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