REMEDIES

Presented by- Vrinda Bagaria, Naina

Choudary, Suryanshi Bothra, Shreya
Gupta, Shreya Ashok
 Agenda

1 2 3 4 5
Introduction Damages Injunction Specific Conclusion
Restitution

2 Presentation title 20XX

 Types Of Remedies​
Judicial Remedy Extra- Judicial remedy
• Expulsion of
• Awarding of trespasser
damages • Reentry on land
• Granting of • ​Recaption of
injunction goods pply chains​
• Specific restitution • Distress damage
of property feasant
• Abatement of
nuisance

3 Presentation title 20XX

DAMAGES
•In a suit for damages in a
tort case, the court awards
pecuniary compensation to
the plaintiff for the injury or
damage caused to him by
the wrongful act of the
defendant.
Questions

• Was the damage

alleged caused by
the defendant’s
wrongful act?
• Was it remote?
• What is the
monetary
compensation for
the damage?
5
 Causation

Causation in damages in tort

law is the requirement that
the plaintiff must prove that
the defendant's actions
caused the plaintiff's injuries
in order to recover damages.

6
"BUT
FOR" TEST

•But for the

defendant's actions,
would the plaintiff's
injuries have
occurred?
 Robinson v Post Office

• Facts
• the plaintiff, who was employed by the Post Office, slipped as he was
descending a ladder. The ladder had become slippery due to
8 negligence of the employer. The plaintiff sustained a wound on his left
shin. Some eight hours later, he visited his doctor and was
administered anti tetanus serum (A.T.S.) . The recognised test
procedure then was to wait for half an hour after injecting a small
quantity to see whether the patient showed any reaction before
administering a full dose. The doctor did not follow this procedure but
waited only a minute after the test dose before administering the
balance of the full dose. The plaintiff did not suffer any reaction for
about three days but thereafter he suffered from encephalitis which is
a possible though rare consequence of A.T.S. injection.
DIRECTNE
SS
A person is liable for
all the direct
consequences of his
act, whether he could
have foreseen them or
not because
consequences which
directly follow a
wrongful act are not
too remote.
 Re Polemis and Furness,
Wilthy & Co.

The defendants chartered a ship to carry cargo. The cargo included

a quantity of Petrol and/or Benzene in tins. There was a leakage in
the tins and some oil was collected in a hold of the ship. Now,
owing to the negligence of the defendant’s servants, a plank fell in
the hold and consequently sparks were generated. As a result of
those sparks, the ship was totally destroyed by fire.

“Once an act is negligent, the fact that its exact

operation was not foreseen is immaterial.”

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FORESEEABILITY

•Defendant is liable for

any damage they could
reasonably foresee as
a result of their breach
of duty, even if it's
unlikely, unless its far-
fetched. This test is
not limited to
negligence and applies
to strict liability and
nuisance
20XX cases.
 Doughty v Turner
Manufacturing
• Facts
• The claimant, Doughty, was an employee of
the defendants, Turner Manufacturing
Company, where he worked in their factory.
Doughty was injured when another employee
accidentally knocked a container cover which
resulted in some asbestos cement falling into
a nearby vat of molten liquid. The exposure
of the asbestos to the very high temperatures
resulted in a sizable chemical reaction with
water as a by-product. The introduction of
large quantities of water within the molten
liquid caused an eruption of steam shortly
after, injuring Doughty. Doughty contended
that whilst the incident itself was not
foreseeable, an incident of its kind was,
making the defendants liable, as per Hughes v
Lord Advocate [1963] 1 All ER 705
• Issues
• Could an employer be held liable for the
unforeseeable injury caused to an employee
by another employee’s negligent actions. 12
 INTENDED
CONSEQUENC
ES
 Scott v Shepherd

• Facts
• The defendant threw a squib, which is a small, lit firework,
into a busy marketplace with lots of people and stalls. In
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order to protect themselves and avoid damage, the squib
was thrown on by two other people. When it landed near to
the complainant, it exploded and caused injury to his face.
He later lost the use of one of his eyes. The original thrower,
the defendant, was charged with assault and trespass.
 EGGSHELL
SKULL CASES
A Tortfeasor takes his
victim as he finds him.

15 Presentation title 20XX

SMITH V LEECH
BRAIN & CO.
A workman suffered a burn injury
due to the defendant’s negligence. It
promoted cancer at that site,
resulting in his death. BUT FOR the
burn the cancer might never have
developed. The defendant was held
liable for his death.

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17 Presentation title 20XX
 Novus Actus
Latin for ‘new act intervening’

Interveniens
Novus actus interveniens breaks the chain of causation
between a defendant’s wrongful act or omission and the
harm suffered by the plaintiff.

Due to the voluntary act of a human or natural event

A causally independent event, the conjunction of which

with the wrongful act or omission is by ordinary
circumstances so improbable as to be termed a
coincidence.

18 Presentation title 20XX

Lord v Pacific Steam Navigation Co. Ltd
A collision occurred between the Oropesa and
the Manchester regiment. The captain ordered
the crew to take lifeboats to Oropesa. The
captain and the crew took another lifeboat. The
Oropesa returned safely with survivors but the
lifeboat capsized and nine of the crew members
died. L
It was argued by the defendant that the chain
of causation had been broken by the act of the
captain in attempting to go to Oropesa with the
crew.
It was held that the action taken by the captain
was a direct consequence of the negligent act
of the Oropesa.
A reasonable act done by a person in
consequence of a wrongful act of the defendant
which results in further damage does not break
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the chain of causation.
MITIGATION OF
DAMAGES
A plaintiff who sues cannot claim
damages for losses he may have
avoided by taking a reasonable
step.
Example:-
Plaintiff, as a result of the defendant's tort,
suffered an injury to her leg. Had the
plaintiff received proper medical treatment,
permanent damage could have been
avoided. However, the plaintiff is stubborn
and unreasonably refuses proper medical
care, though she could fairly easily have
received treatment. Thus, the injury
worsens into a permanent loss of
functionality in the leg. Suppose that, had
the plaintiff received the proper medical
care, the award of damages would have
been $20,000. However, the permanent
loss of functionality comes to $100,000.The
plaintiff
MEASURE OF
DAMAGES
•Contemptuous
•Nominal
•Ordinary
•Exemplary
•General and Special Damages
•Prospective and Continuous
Damages
•Damages for mental suffering and
Psychiatric Injury or Nervous Shock
•Pecuniary and Non-Pecuniary
Damages
 General Principle

• Restitutio in integrum- restitution to the original

position

• Ex: A's car got damaged in collision with B's car which was
being driven negligently. So plaintiff in addition to cost of
repair may be entitled to recover reasonable charges for
hiring a car for his use during the period his car was not
available.
 Contemptuous, Nominal, Ordinary, and
Exemplary Damages

Where
When an action should never have the purpose
been of action is merely to establish a right
brought , noto
Refer loss or
asthe harm
extra has been
damages
Where it is necessary to compensate plaintiff fairlyaf
Ex: Ashby v. White Case

Contemptuous Nominal Ordinary Exemplary

 General Damages Special Damages
Are those which will imply in every Used to denote that
violation of a legal right. damages arising out of
special circumstances of the
They refer to the harm which arises case which, if properly
directly and inevitably from a breach pleaded, may be super-
of contract or tort. added to the general
damage which the law
implies in every infringement
of an absolute right.

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Presentation title 20XX
 Prospective and Continuing Damages

Prospective Damages Continuing Damages

Future damages that, based on Is a cause of action which arises

the facts pleaded and proved by from the repetition of acts or
plaintiff, can reasonably be omissions of the same kind as
expected to occur. that for which was brought.

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 Damages for mental suffering, psychiatric
illness or nervous shock

1. Not recognizable
Mental Suffering 2. Recognizable- a. Primary b. Secondary

Also known as nervous shock, used to describe

a claim where the claimant might claim
Psychiatric Injury compensation even though she/he has not
clearly received any physical harm.

27 Presentation title 20XX

 Pecuniary and Non-Pecuniary Damages

Pecuniary Damages Non-Pecuniary Damages

Thye are economic losses that can When there is no clear monetary
be easily quantifiable- money lost, value that have been damaged by
future lost earrings, medical bills, the defendant
etc. These include mental anguish,
pain and suffering.

28 Presentation title 20XX

 INJUNCTION
It is an order of a court restraining
the commission, repetition, or
continuance, of a wrongful act of
the defendant.

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 TYPES OF INJUNCTION
TEMPORARY/
INTERIM Prohibited for a short time
•

INJUNCTION

PERPETUAL/
PERMANENT Permanently denied access to
•

INJUNCTION

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 SPECIFIC
RESTITUITION

It is an order for the

recovery/ restoration of
land or chattels.

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 JOINT AND SEVERAL TORTFEASORS

JOINT TORTFEASORS SEVERAL TORTFEASORS


two or more persons When the same injury is
whose collective tortious caused to another person by
act in a single accident or two or more person as a
event causes damages to result of their separate
another person. tortious acts.

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 CONTRIBUTION BETWEEN WRONG -
DOERS

• a wrongdoer cannot maintain an action for contribution

against another wrongdoer
• even when the one seeking contribution would have
satisfied the full claim of damages

33 Presentation title 20XX

 REMEDIES
UNDER THE • Article 32 - The Supreme Court shall have power to issue directions or ord
• Article 226 - empowers the High
CONSTITUTION

34
Presentation title 20XX
 CONCLUSION

EGG SHELL SKULL

TYPES OF DAMAGES CAUSATION AND CASES
REMEDIES TESTS

DIFFERENCE INJUNCTION JOINT AND

BETWEEN SEVERAL SPECIFIC
GENERAL AND TORTFEASORS RESTITUTION
SPECIAL
DAMAGES