Constituents of tort: wrongful act, legal damage and remedy; damages and other remedies
LUG-101 Law of Torts including Motor Vehicle Accident and Consumer Protection Act, Unit I: Constituents of tort — wrongful act, damage and remedy. · LLB · 60 min
The three constituents of a tort (a wrongful act or omission, legal damage, a legal remedy) with the leading cases; legal damage distinguished from actual damage; then the remedies: the kinds of damages (nominal, contemptuous, compensatory, aggravated, exemplary, prospective; general and special; liquidated and unliquidated), injunctions, specific restitution of property and the self-help remedies; joint tortfeasors; and the ways tort liability is extinguished (death, waiver, accord and satisfaction, release, limitation). It answers 2017-18 Q C1, 2024-25 Q1(b), 2022-23 Q2(c), 2023-24 Q2(a) and the remedies half of 2024-25 Q3(c).
Objectives
- State and illustrate the three constituents of a tort and the difference between legal damage and actual damage.
- Classify damages and explain general and special damages, and liquidated and unliquidated damages.
- Explain when exemplary damages are awarded, with the Rookes v. Barnard categories and the Indian position.
- Describe injunctions, specific restitution and the extra-judicial (self-help) remedies.
- Explain the liability of joint tortfeasors and the modes by which tort liability is discharged, including the maxim actio personalis moritur cum persona.
Slides
- The three constituents of a tort
- Legal damage, not actual damage
- General defences: an overview (Unit II in detail)
- Remedies in tort: the scheme
- Kinds of damages (1): nominal, contemptuous, compensatory
- Kinds of damages (2): aggravated, exemplary, prospective
- General and special damages; liquidated and unliquidated damages
- Injunction and specific restitution
- Extra-judicial (self-help) remedies
- Joint tortfeasors
- Discharge (extinction) of tortious liability
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