2/2/2019 Class Notes on Law of Torts - Unit III (1st Sem / 3 year LL.

B) - Adv GR Rajesh Kumar

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BY ADMIN CLASS NOTES, LAW OF TORTS, LAW SCHOOLS, LLB GUIDE NOVEMBER 2, 2012

Class Notes on Law of Torts – Unit III (1st Sem / 3

year LL.B)

Study Notes on Law of Torts – UNIT III

Legal Remedies
There are two kinds of remedies for torts such as judicial remedies and extra-judicial
remedies.

Judicial remedies: afforded by the Courts of law. Damages and injunctions are
different form of remedies against the same wrong.

1. awarding of damages
2. granting of injunction
3. specific restitution of property

Extra-judicial remedies: available to a party, in certain cases of torts, by his own acts
alone. These remedies are in the nature of self-help, should not be normally resorted
to, for the person resorting to them may frequently exceed his rights and may be faced
with a case civil or criminal alleging that he the law in hjis own hands. It may also give
rise to law and order problems.

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1. expulsion of trespasser
2. re-entry on land
3. recaption of goods
4. distress damage feasant
5. abatement of nuisance

1. Damages

A. INTRODUCTION

Generally, pecuniary compensation will be awarded for the injury or damaged caused
to the plaintiff by the wrongful act of the defendant. There will be three important
question put forth before the Court. They are: 1. the damaged caused by the
defendant’s wrongful act, 2. remoteness, and 3. monetary compensation for the
damages.

B. CAUSATION: THEORY OF DIRECTNESS

If the damage alleged was not caused by the defendant’s wrongful act the question of
its remoteness will not arise. Generally accepted test is ‘but for’ test to determine if the
wrongful act is caused by the defendant’s action. If the damage would not have
resulted but for the defendant’s wrongful act, it would be taken to have been caused by
the wrongful act.

The ‘but for’ test is not of universal application and a lesser degree of causal test may
be applied in special circumstances to prevent injustice.

Case Laws:

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In Robinson v Post Office, the plaintiff, who was employed by the Post Office, slipped
as he was descending a ladder. The ladder had become slippery due to negligence of
the employer. The plaintiff sustained a wound on his left shin. Later, he visited doctor
and the administered A.T.S (anti-tetanusserum). Small quantity of the drug should be
injected before the full dose. Instead, the doctor gave the full dose. The plaintiff
suffered encephalities after the 3 days which is a rare possibility of full-dose A.T.S.

Found: It was found that the doctor was not negligent in deciding to inject A.T.S. His
negligence lay in not waiting for half an hour after the test dose.

Repolemi’s Case

Scott v Shepheard

Hayne’s v Harwood

C. REMOTENESS: THEORY OF REASONABLE CAUSE

i. Foreseability

Case Laws:

Wagon Mound No. 1 Case

Wagon Mound No. 2 Case

Hughes v Lord Advocate

ii. Intended Consequences

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Case Laws:

Scott v Shepherd

iii. “Eggshell Skull” cases

Case Laws:

Smith v Leech Brain & Co. Ltd.

iv. Intervening acts or events: Novus actus intervenients

Lamb v Camden London Borough

iv-a. A Summary of principles in considering remoteness

Corr v IBC Vehicle

v. Mitigation of Damage

Selvanayagam v University of West Indies

vi. Further Examples

D. MEASURE OF DAMAGES

I. GENERAL PRINCIPLE

II. CONTEMPTUOUS, NOMINAL, ORDINARY AND EXEMPLARY DAMAGES

Thompson v Commissioner of Police

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III. GENERAL AND SPECIAL DAMAGES

IV. PROSPECTIVE AND CONTINUING DAMAGES

V. DAMAGES FOR MENTAL SUFFERING AND PSYCHIATRIC INJURY OR

NERVOUC SHOCK

White v Chief Constable of South Yorkshire

VI. DAMAGES IN AN ACTION FOR PERSONAL INJURIES

a. Non-pecuniary Loss
b. Pecuniary Loss
c. Interest
d. Illustration

VI-A. DAMAGES FOR UNWANTED PREGNANCY RESULTING FROM MEDICAL

NEGLIGENCE

McFarlane v Tayside Health Board

VII. INJURY TO PROPERTY

E. INTERIM DAMAGES

F. COMPENSATION UNDER SEC. 357 CR. P.C

Case Laws:

Harikrishnan and State of Haryana v Sukhbir Singh

F1. COMPENSATION TO RAPE VICTIONS

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Delhi Domestic Working Women’s Forum v Union of India

G. PROVISIONAL AWARD

Case Laws:

Nagappa v Gurudayal Singh

H. DAMAGES IN ACTIONS OF CONTRACT AND OF TORT

2.Injunction

3. Specific Restitution

4. Joint and Several Tort-Feasors

Case Laws:

T.O. Anthony v Karvarnan

5. Contribution between Wrong-Doers

Case Laws:

Merryweather v Nixan

6. Remedies under the Constitution

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