Judicial Remedies Available Under Tort Law

Tort law as a type of civil law provides various remedies to the complaint instead of criminal law, where punishment is used as a remedy. Remedies are ways of compensating an injured person.
Tort Law
Photo by Andrew Le on Unsplash

Tort law is a type of civil law that covers a range of civil offenses. In an article by Cornell Law School, a tort is “an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability….” Examples of torts are trespass, assault, battery, false imprisonment, intentional infliction of emotional distress, injurious falsehood, passing off, inducement of contract, products liability, and negligence.

Photograph by Sinitta Leunen (unsplash.com)

If you succeed in a torts case, there are several remedies available to you. Beg (2018), in her article, What are the Remedies Available in the Law of Torts? stated that “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 different types of judicial remedies available in tort law. They include damages, injunctions, and specific restitution of properties. These remedies are briefly explained below;

  1. Damages

Damages are monetary compensation paid to the injured party by the offender because of a wrong committed by the other party. It is considered the most crucial type of remedy available to an injured party. 

In Maritime Overseas Corporation v. Richard Ellis, the defendant was critically injured due to the gross negligence of the plaintiff. As a result of this, the defendant was awarded damages of a sum of $8,576,000. Damages can come in different forms. 

  • Nominal damages

It is one awarded where the plaintiff can show that there has been a violation of right but cannot show that he has suffered actual injury as a result of the defendant’s tort.

  • Exemplary Damages

It is one awarded not as compensation to the plaintiff but as a punishment to the defendant. This is usually because of the gross violation committed by the defendant.

  • Contemptuous Damages

This form of damages is employed when even though a person has established a violation of a certain right, the court considers the case in all truth trivial to have been brought before the court. The amount awarded is derisory.

  • Aggravated Damages

This type of damages is awarded to compensate the injury to a person’s feeling of dignity and pride. It is awarded in cases of humiliation.

  • Special Damages

Special damages are awarded in cases where the loss suffered by the plaintiff can be easily convertible to financial losses. This means the loss suffered can be easily summed up in monetary loss. 

  • General damages

General damages are awarded where the injuries or harm cannot be quantified in monetary form. For example, the pain suffered by a person cannot be quantified in monetary form. The court uses discretion in awarding such damages.

  1. Injunction

An injunction is an order by the court of law restraining the defendant’s commission or continuation of a particular wrongful act. This type of remedy is essential in the case of defamation or nuisance. An interim injunction is one ordered until the hearing of the case. Injunctions can be temporary, permanent, and prohibitory. 

In the case of Madsen et Al. v. Women’s Health Center INC et al., an injunction order was made by the court to stop protesters from disturbing the women who visit the clinic for abortion as this causes a level of anxiety in the women, which in turn makes the process riskier. 

  1. Specific Restitution of Property

This is a type of remedy where the court orders the specific return of a particular property or goods unlawfully dispossessed by the defendant.

It is important to note that copious evidence must be adduced to receive remedies in your torts case. Evidence is used in proving a case before the court. A good way of adducing evidence in a torts case is through the use of computer-generated animations. With the help of this, you can receive copious damages and restrictive injunctions in your torts case. In the case of Robinson v. Missouri Pacific Railroad Company, the tort of wrongful death was committed. The plaintiff made use of computer-generated animation in adducing evidence, and the court granted copious damages. 

Conclusively, to get the best remedy out of your torts case, it is vital to use the pest mode of adducing evidence, which is trial animation. However, it is crucial to employ the service of a professional in creating the animation.

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