General Remedies for Tort

Class Lecture
Law of Torts and Consumer Protection
Adv. Md. Ramjan Hossain
Lecturer, Dept. of Law

Md. Ramjan Hossain, Lecturer, Dept. of Law,

12/27/2020 1
NUBT.
 General Remedies for Tort
General remedies for tort are of two kinds, namely:
(1) Judicial remedies and
(2) Extra-Judicial remedies.
The remedies that are available through courts are judicial
remedies which include financial or economic compensation,
injunctions, restoration of properties, reliefs available under
statutory laws etc.

While without intervention of the court other common people

may get relief which are called extra-judicial remedies such
as self-assistance, restoration, re-entry, abatement of nuisance,
detention of goods subject to realization of compensation etc.

12/27/2020 Md. Ramjan Hossain, Lecturer, Dept. of Law, NUBT. 2

 1. Judicial remedies:
A. Unliquidated damages:
A defendant may be made liable for a direct consequence of a
wrongful conduct and the consequences of such a conduct may be
unlimited.
As such where the consequences of damages are simply remote are
not concerned with the direct acts of a tort-fessor, cannot claim any
compensation.
We have to consider the rules of remoteness of damages
carefully and then make them separated from the direct ones. The
damage that is established as producing the direct consequences
beyond any shadow of doubt may earn monetary compensation.

Of course, when we speak of plaintiff's damage we mean legal

damage and an interference with legal right may give birth to a legal
damage. The rights recognized by law are legal rights.

12/27/2020 Md. Ramjan Hossain, Lecturer, Dept. of Law, NUBT. 3

 Contd.
Normally, damages may be classified into four groups. They are
(1) Substantial or ordinary damages:
In a case where it is possible to assess the plaintiff's damage on
the basis of equity and also it is possible to sufficiently compensate the
plaintiff's loss or damage, the plaintiff may get an order for a
Substantial damages.

(2) Nominal damages

In a case where the plaintiff does not suffer a real damage but his legal
rights are jeopardized, only an order for a nominal damage is passed
in recognition of such rights. Plaintiff gets a nominal damage In a case
for a trespass, obstruction to the exercise of voting right or etc.

12/27/2020 Md. Ramjan Hossain, Lecturer, Dept. of Law, 4

NUBT.
 Contd.

(3) Contemptuous damages:

Where it appears to the court that plaintiff's conduct is Such as he
is not entitled to a compensation but still defendant is legally bound
to compensate, the court in such a case may pass an order for a
nominal damage very reluctantly. Such an order bears an indication
of reluctance of the court to the plaintiff's conduct. Generally, such
orders are passed in cases of defamation.

(4) Exemplary or vindictive damages:

The main purpose of giving such damages only in order to prevent
people from doing wrongful acts. A case of kidnapping somebody's
daughter, defamation may bring greater sanction for damages. In such
cases orders for greater amount of damages are passed only for healing
the wounds of the plaintiff and for punishing or retribution the
defendant.
12/27/2020 Md. Ramjan Hossain, Lecturer, Dept. of Law, NUBT. 5
 Rule of double action:
Where plaintiff suffers more than one damage on account of
defendant's conduct, court gives relief in a consolidated form instead of
giving separate reliefs for each tort committed.

For example, if plaintiff loses one of his teeth from a clenched fist given
by the defendant and also another teeth is lost from a clenched in the
same action. At the same time, the former cannot then bring separate
actions for both the damages against the latter. Here though 02 or
more consequence but a single incident.

Similarly, if the plaintiff later thinks that extent of his damage could not
be properly explained to the court and in fact it could have been even
greater or much more than what has been received, even then he
cannot bring separate actions for the same. This is called rule of double
action.
12/27/2020 Md. Ramjan Hossain, Lecturer, Dept. of Law, NUBT. 6
 Exceptions of “Rule of double action”:
A number of suits or legal proceedings cannot be brought for
one cause of action. There are certain exceptions to this rule
and they are as follows:
(1) If a single act infringes more than one right:
If the plaintiff loses his Spectacles because of the blow of
clenched fist given by the defendant and at the same time one
tooth also is lost then of course, plaintiff can bring actions for
both trespass for the spectacles and battery for the tooth.

(2) An act of similar nature when considered as separate

acts
If a defamatory statement is published to a number of people
and at a number of places then of course, separate actions
will lie for each such publication.
12/27/2020 7
Md. Ramjan Hossain, Lecturer, Dept. of Law, NUBT.
 contd.

(3) When damage is caused at different times for one

single act:
If for making defamatory statement against the
plaintiff, by the defendant, loses his job under 'A' and
later when he accepts a job under 'B' too he loses his
job, two Separate actions Will lie in such
circumstances.

(4) When the same act continues successively:

Nuisance or any other tort if continues successively or
unabatedly and if that continuously cause plaintiff's
damage, he may in that case bring separate actions.

Md. Ramjan Hossain, Lecturer, Dept. of Law,

12/27/2020 8
NUBT.
 (B) Injunctions:
When the plaintiff apprehends that the defendant is going to do a
harmful or wrongful act or that has already started doing it at the cost
of or at an irretrievable loss to the plaintiff, he may apply to the court
Seeking grant of an injunction against the defendant with a view to
preventing him from doing the act in question.
To grant an injunction is a discretionary power of the court and the
said injunction has been introduced or has developed through equity.
An order of injunction is passed in a case where monetary
compensation is not considered sufficient or where the damage
caused cannot be ascertained by money.

But before an order of injunction is passed, the plaintiff is to show or

prove the following things:
(1)impending damage, loss and injury irreparable or Irretrievable.
(2)Balance of convenience or inconvenience Will be in favour of
the plaintiff in case an injunction is issued.
(3)No third party will suffer from any apprehension of loss or
injury.
Md. Ramjan Hossain, Lecturer, Dept. of
12/27/2020 9
Law, NUBT.
 Contd.

(4) The plaintiff has every chance of success in the pending suit.

(5) The plaintiff may Suffer any loss or injury in case the same is not
issued.

Injunction may be classified into the following two categories

(1) Prohibitory and
(2) Mandatory.

A prohibitory injunction is issued in order to prevent a defendant

from doing an imminent wrongful act.

While a mandatory injunction is issued in order to direct the defendant

to remove a wrongful act already done by him.

Md. Ramjan Hossain, Lecturer, Dept. of

12/27/2020 10
Law, NUBT.
 Contd.
• Again prohibitory and mandatory injunctions may be classified into two
categories, namely-
(1 Temporary injunction and
2) Permanent injunction.
Provisions have been made for a temporary injunction under
Order 39, R-1 & 2 of the Code of Civil Procedure, 1908.

While a permanent injunction may be issued under sections 53-56 of the

Specific Relief Act, 1877.
Court does not find so much difficulty in granting a
temporary injunction but a permanent injunction is issued only after
taking evidence adduced by the witnesses of the plaintiff with regard
to his rights.
An injunction may be granted against all torts except in
the case of an assault and malicious prosecution.
Generally an injunction, is granted in the case of nuisance, defamation,
successive or continued trespass, passing off and in the case of violation of
copy rights etc.

Md. Ramjan Hossain, Lecturer, Dept. of

12/27/2020 11
Law, NUBT.
 Cases on Injunction
1) Chaitanya Singh v. Maharishi Dayanand Saraswati
University[AIR 1998 Raj 129]-
Here the petitioner, who was a student of B.Ed., allegedly suffered
monetary loss, mental stress and strain due to the arbitrary actions of
the respondents for which he filed the writ.

It was held that the award of compensation for which the writ was
filed could not be claimed directly under Article 226 of the
Constitution of India, particularly when the alternative remedy of a
civil suit was available to a party ,and it should be availed of at the
first instance.

The appellant having not succeeded in getting compensation for

damages against the university, though having succeeded for his
admission to the B. Ed course and finally succeeded in completing
the same, could not be said to have been put to any monetary loss
for which the respondent university could be held responsible.

Md. Ramjan Hossain, Lecturer, Dept. of

12/27/2020 12
Law, NUBT.
 Contd.
2) M/S Hindustan Pencils Pvt .Ltd. vM/S India Stationery Products[AIR
1990 Delhi 19]-
In this case, the plaintiffs filed a suit for perpetual injunction alleging
infringement of their registered trademark and also prayed for a decree for
rendition of accounts of profit against the defendants. Along with this suit, an
application under 0.39 Rr.1 and 2 has also been filed for an interim
injunction against the defendants for restraining them from infringing the
said mark.
According to the plaintiffs, the trademark Nataraj with the device of Nataraj
under No.260466 dt. 27-10-1972 in respect of pencils of all kinds, erasers,
refills for pens and pencils, pencil sharpeners, pens, pins, clips were adopted
by them in the year 1961 and after registration the same are still valid a
subsisting in the register of Trade Marks. The plaintiffs said that in the
middle of 1985 they got to know that the defendants had surreptitiously got
registered a copyright, a label similar to that of the plaintiffs in respect of pins.
After considering all the different aspects of the case, the court restrained the
defendants by an interim injunction from using the offending mark
‘NATARAJ' and the device of NATARAJ or any similar mark or device
which is an infringement on the plaintiffs registered trademark Nos. 260466
and 283730 in respect of stationery pins and other stationery items.

Md. Ramjan Hossain, Lecturer, Dept. of

12/27/2020 13
Law, NUBT.
 Contd.

3) Rohini Sharma & others v. Sakuntala Devi and others [1998(2)GLT263]-

In this case the trial court granted an ex-parte and ad-interim injunction to
plaintiff-appellants but same was vacated by the first appellate court. Hence,
this appeal, whether the trial court was in error in fact in discharging interim
order of injunction.
It was held in a suit for declaration of title, Court has power under Order 39,
rules 1 &2 or even under section 151 of CPC, to grant an ad-interim
injunction. The Relief was purely discretionary. Any further belief, such as,
perpetual injunction sought by Plaintiff-Appellant, was dependent upon
declaratory decree as prayed by them.

Finally it was held that power restricting transfer and refusing restriction can
be exercised only in manner specified within framework of articles of
Association. It was found that the resolution did not contravene any
provisions of law or articles of association.

Also it was held that, Ex parte injunctions could be granted only under
exceptional circumstances. It could not be said that discretion exercised by
the Court below was so grossly erroneous as to call for interference this stage.

Md. Ramjan Hossain, Lecturer, Dept. of

12/27/2020 14
Law, NUBT.
 Basic English Cases on Injunction
1)Petetson v. Shelley-  Choyce Cases 117,21 Eng.Rep.72(Ch.1577) –
In this case, where the plaintiff, who had a reversionary interest in land,
wanted to prevent the present tenant from committing waste of timber.
2) In another decided English case, the defendant told the plaintiff that
he desired to marry her and asked her for a sum of gold and currency
for wedding costs and business investments (to make him a more
profitable husband).
She gave him the gold and currency without demanding a formal
contract of marriage ;he then married another and refused to return
the gold and currency .Plaintiff sought an order from the Chancellor to
compel him to do so .Here an injunction was sought because there was
no suitable common law form of relief. [Baildon, CHANCERY AD
1364-1471 xix (Seldon Society Vol.10)]
3)Allen v. Dingley- Choyce Cases 113,21 Eng.Rep.70(Ch. 1576-1577)-
In this case it was decided that injunctions could extend beyond the
parties to include their attorneys and counsellors. The latter could be
enjoined from proceeding at law or enforcing a judgment and they
could be held in contempt of Chancery if they violated the injunction.
Md. Ramjan Hossain, Lecturer, Dept. of
12/27/2020 15
Law, NUBT.
 (C)Specific restitution of property:
This sort of relief is granted to the plaintiff when he is dispossessed
from movable or immovable properties wrongfully or without any
lawful excuse.
A case of simple restitution of immovable property alone is not
included in the law of tort unless of course, it be added to a claim for
realization of monetary benefit as well.
It is, of course, true that thee plaintiff needs be successful in his
case by showing the legality of his title to the property in question
and not on the basis of defendant's weakness therein.

A party suffering damages may, however, be entitled to bring an

action for detention and conversion of his property. Of course,
restitution of
both movable and immovable property has now become recognized
and included in the Specific Relief Act of 1877.
Md. Ramjan Hossain, Lecturer, Dept. of
12/27/2020 16
Law, NUBT.
 (d)Statutory remedies:
If anybody refrains from performing his duties
assigned by a statutory law, relief may be Sought
under the provisions of that law.
But this apart, a person whether or not can seek such
relief in tort also is a question that remains to be
solved and it has been decided that the question Will
depend on the statutory law concerned and the
attending circumstances of the case.
It is decided that an aggrieved person cannot get the
relief in tort if the relief in common law be not
available. But in the absence of such a declaration
being made, an aggrieved person may derive relief
from tort apart from getting relief under statutory laws.
Md. Ramjan Hossain, Lecturer, Dept. of
12/27/2020 17
Law, NUBT.
 (2) Extra-Judicial remedies:
(a) Self-help:
Almost all kinds of extra-judicial remedies are included in self-
help principles.
A man can remove any wrongful act by his Own interference. For
example, the owner or person in possession of a piece of land may
expel a trespasser even by applying force on him and no order from
the court is necessary for it.
Again, an attempt made by a trespasser to enter into a place may also
be foiled equally by force.
The former application of force may be called as self-help while the
application of the latter may be termed as self-defence.
So, self-defence may take the place of self-help later on or in the long
run.
Of course, one must exercise or apply force in both cases
proportionately and that being will not be appropriate or proper to
show a gun Simply at the Sight of a stranger.
Barness vs. Irwell Valley Water Board. (1939) I. K. B. 21
Md. Ramjan Hossain, Lecturer, Dept. of
12/27/2020 18
Law, NUBT.
 Contd.

(b) Re-caption:
1f anybody unjustly or illegally detains an movable property, the
real owner or possessor thereof may take It back peacefully or may
take it's possession even by applying reasonable amount oft force on
him If something belonging to him is left in the land of others, the
real owner or possessor thereof may enter into the land in order to
recover it and take it away.
(c) Re-entry:
It somebody is disposed wrongfully from his land or house, he can get
back possession by re-entering into it peacefully without interference of
the court. In such a case, application of force may create some problems.
A trespasser can be prevented from entering into any body's land or then
when the person so applying force cannot apply force when he house by
the application of force or he can be expelled there from but himself is
dispossessed from his own land and in that case, he has to
take recourse to law and must go to the court tor getting assistance of
law.
Md. Ramjan Hossain, Lecturer, Dept. of
12/27/2020 19
Law, NUBT.
 Contd.

(d) Abatement of nuisance:

A person suffering wrong caused from a private nuisance may himself
remove the nuisance without taking help of the court. For
example, if branches of one's trees enter into the land of his
neighbor he may cut them out without taking help of the court. But
then the removal or abatement must be peaceful and care in must be
taken so that the act must not be risky or involve any risk.
(e) Distress damage feasant :
If somebody's household animals get into the courtyard of other
and cause some damage, the person suffering such damage may
detain the animals until appropriate damages is given by the owner
of the animals and this right is not limited to animals alone.
Cycles, motor vehicles etc. may also come under the same principle. An
unauthorized engine is used in the rail-line of a Rail Company, it Can
detain it for realization of damages and the court has supported the
action so taken.“ (Ambergate Rly. v. Midland Rly (1853) 2 E. &B. 793).
Md. Ramjan Hossain, Lecturer, Dept. of
12/27/2020 20
Law, NUBT.