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Types of Legal Remedies Explained

This document discusses various judicial and extra-judicial remedies for torts. It outlines types of damages that can be claimed including monetary compensation (damages), restitution to restore the plaintiff to their prior position, and claims for personal injury and property damage. It also discusses injunctions which can be prohibitory or mandatory. Joint tortfeasors can be sued together and limitations to recovering damages include a plaintiff's duty to mitigate losses and impacts of impecuniosity. Remedies also consider exceptions, joint tortfeasors, suits between spouses, and ways liability can become extinguished such as waiver, accord and satisfaction, or death of a party.

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Chin Kuen Yei
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188 views2 pages

Types of Legal Remedies Explained

This document discusses various judicial and extra-judicial remedies for torts. It outlines types of damages that can be claimed including monetary compensation (damages), restitution to restore the plaintiff to their prior position, and claims for personal injury and property damage. It also discusses injunctions which can be prohibitory or mandatory. Joint tortfeasors can be sued together and limitations to recovering damages include a plaintiff's duty to mitigate losses and impacts of impecuniosity. Remedies also consider exceptions, joint tortfeasors, suits between spouses, and ways liability can become extinguished such as waiver, accord and satisfaction, or death of a party.

Uploaded by

Chin Kuen Yei
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Remedies

Types
Extra
judicial
remedies

Self help-

Abatement
of nuisance

Judicial
remedies
Damagesmonetary
compensati
on
Must
prove- tort
occur and
suffer
damage

1. act accordingly so as to minimise the extent


of his loss or damage. Use no more force
than necessary to achieve his objective.
2. Not encouraged by law as P may be too
emotional and therefore not impartial in
judging the extent of necessary in the
circumstances and doing so, he might exceed
his own rights despite his efforts towards selfhelp.
1. Prior notice given to offending party as to
proposed act of abatement, except when in
emergency or grave danger.
2. Exercise care so as not to cause unneccesary
damage.

Recoverable
once only for
a single tort.

Exception in this principle:


1. Violation of two separate rights.- Malbai v
Nawi
2. Continuing injury e.g continuous trespass of
land- actionable per se and gives rise to a
fresh cause of action from day to day.

Restitution in
integrumdamages are
assessed on
a
compensator
y basis,
which is to
restore the P
to his
position prior
to
commission
of tort.
Claims for
personal
injury

Limitations to principle:
1. Mitigation of damage- P has corresponding
duty to minimise his loss.
2. Final damage caused by Ps impecuniosity

1. Pecuniary losses- loss of earnings and future


loss of earnings plus any expected expenses
as a result of injury such as medical and
nursing bill and domestic help. Also funeral
expenses.
2. Non-pecuniary losses- claim could be for the

injury itself, pain and suffering and loss of


amenity or enjoyment of life.
Claim for
damage to
property
Claim for
pure
economic
loss
Joint and
several
tortfeasors
Suits
between
spouses
Types of
damages

Injunction

Types
Grant at
different
times

Specific
restitution
of property
Extinction
of liability

1. Negligent misstatement.
2. If Ds negligent act, recovery is possible
provided it is foreseeable.

1.
2.
3.
4.
5.
1.
2.
1.
2.
3.

General and special damages


Contemptuous damages
Nominal damages
Exemplary damages
Aggravated damages
Prohibitory injunction
Mandatory injunction
Quia time injunction
Perpetual injunction
Interlocutory injuction

1.
2.
3.
4.
5.
6.

Waiver
Accord and satisfaction
Release
Judgment
Limitation
Death of a party

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