If there must be any special damage which is attributable to the wrongful act that special damage must be averred and proved. The common law says that the damages due to either for breach of contract or tort, are damages for which so far as money can compensate, will give the injured party reparation for the wrongful act. The law has not laid down what shall be the measure of damages in actions of tort the measure is vague and uncertain depending upon a vast variety of causes, facts, and circumstances. Damages are defined as the compensation price paid to the damages caused to the plaintiff. Let us discuss each of these one by one.ĭamages may rise to almost any amount, or they may dwindle down to being merely nominal. Judicial remedies are usually provided through three ways: damages, injunction, specific restitution of property. Judicial remedies are the type of remedies that provided to the aggrieved party by the court. There are two broad types of remedies provided by law: judicial remedies and extra-judicial remedies. This treatment is termed as legal remedy. When there is infringement of someone’s legal right, the law provides for some treatment to this. In law of torts, remedies refer to legal remedy. The word “remedies” means the cure for some harm that have been caused. Tortious liability is the process through which the wrongdoer is held liable for the wrong committed by him, and is required to reimburse the plaintiff. To understand the concept of remedies under tortious liability, let us first understand the meaning of tortious liability.
Judicial and Extra-judicial remedies under law of Torts