November 2, 2012
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.- awarding of damages
- granting of injunction
- specific restitution of property
- expulsion of trespasser
- re-entry on land
- recaption of goods
- distress damage feasant
- 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: 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 HarwoodC. 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 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 ExamplesD. Measure of damages
i. General Principle
ii. Contemptuous, nominal, ordinary and exemplary damages
Thompson v Commissioner of Policeiii. 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 Yorkshirevi. Damages in an action for personal injuries
- a. Non-pecuniary Loss
- b. Pecuniary Loss
- c. Interest
- d. Illustration