Remedies under Tort Law: Judicial and Extra-Judicial Remedies

  • Sunaina Jeevnani
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  • Sunaina Jeevnani

    Student at Amity Law School, Amity University, Rajasthan, India.

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Abstract

A tort is legal wrong that doesn't constitute criminal offence. Tort refers to the violation of an individual's right (right means legal right) , while the legal duty of the person committing the act is also violated. In torts, the wrongdoer compensates the aggrieved party. The aggrieved party receives compensation in the form of unliquidated damages, which are not predefined and are assessed by the court based on the seriousness of the wrong committed . There are Legal remedies in tort, which are checked and approved by the judiciary. If a wrong is committed against a party, the court orders the tortfeasor to compensate or return the belongings to the aggrieved party. The court can also convict the tortfeasor depending on the seriousness of the tort committed. There are two types of remedies - Judicial and extra-judicial remedies. Remedies that are provided by a court of law to an aggrieved party are called judicial remedies. When a person can lawfully avoid or remedy himself without the court's intervention, the remedies are called extra-judicial remedies. The purpose of this article is to discuss and analyse various types of judicial and extra-judicial remedies available.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 6, Page 551 - 560

DOI: https://doij.org/10.10000/IJLMH.113819

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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