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BY ADMIN CLASS NOTES, LAW OF TORTS, LAW SCHOOLS, LLB GUIDE NOVEMBER 2, 2012
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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2/2/2019 Class Notes on Law of Torts - Unit III (1st Sem / 3 year LL.B) - Adv GR Rajesh Kumar
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.
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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2/2/2019 Class Notes on Law of Torts - Unit III (1st Sem / 3 year LL.B) - Adv GR Rajesh Kumar
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
i. Foreseability
Case Laws:
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2/2/2019 Class Notes on Law of Torts - Unit III (1st Sem / 3 year LL.B) - Adv GR Rajesh Kumar
Case Laws:
Scott v Shepherd
Case Laws:
v. Mitigation of Damage
D. MEASURE OF DAMAGES
I. GENERAL PRINCIPLE
a. Non-pecuniary Loss
b. Pecuniary Loss
c. Interest
d. Illustration
E. INTERIM DAMAGES
Case Laws:
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2/2/2019 Class Notes on Law of Torts - Unit III (1st Sem / 3 year LL.B) - Adv GR Rajesh Kumar
G. PROVISIONAL AWARD
Case Laws:
2.Injunction
3. Specific Restitution
Merryweather v Nixan
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Law of Torts
Unit I
Unit II
Unit III
Unit IV
Unit V
SEM 3
SEM 4
SEM 5
SEM 6
Please Note:
While I had spent effort & time for researching and preparing these notes, they aren’t complete but
remain as a work-in-progress. I hadn’t gotten to the point of completing the notes for all subjects. I will
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