Remedies Provided by Law of Torts

There are two kinds of remedies provided by law of torts. There are Judicial Remedies and Extra judicial Remedies.

Judicial Remedies

There are four types of judicial remedies which are explained under.

1.      Contemptuous

It is also called ‘ignominious’ damages. They are awarded where technically a legal wrong is committed, but where the circumstances disclosed are such that the court feels that no action should have been brought. They are awarded usually in action of defamation.

Like! When the court finds that the defendant is in fault, but the plantiff’s conduct and character are such that he does not deserve to be compensated.

2.      Nominal

Nominal damages are awarded by the court to the plantiff, not by way of compensation, but by way of recognition of some legal right of his which the defendant has infringed i.e. trespass, invasion of right of an easement etc.

3.      Substantial Damages

They are a sum of money which is awarded to the plantiff, as a fair and equitable compensation for the injury suffered by him. They are also called ‘ordinary’ or compensatory’ damages such damages are awarded in great majority of actions in torts.

4.      Exemplary Damages

These are awarded to make examples for others. These are not awarded to compensate the injured party but to punish the wrong doer. A heavy amount is awarded as the expression of indignation at the conduct of the defendant whenever he has shown a conscious disregard of the plantiff’s rights such damages are intended at once.

Extra Judicial Remedies

Extra judicial remedies are those which are open to an injured party to adopt when he takes the law into his own hands and helps him in the matter.

1. Self -Defense
2. Expulsion and re-entry
3. Reception