Remedies under Tort Law: Judicial and Extra-Judicial Remedies
![handle is hein.journals/ijlmhs20 and id is 551 raw text is: International Journal of Law Management & Humanities
Remedies under Tort Law: Judicial and
Extra-Judicial Remedies
SUNAINA JEEVNANII
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.
I. INTRODUCTION
In any case where legal rights are involved, remedies are provided to the subjects of a society
in order to ensure justice and peace in that particular state. Remedies are compensation given
to a person for the loss he has suffered; they can be awarded to anyone in a variety of ways,
including being ordered by the court, granted by judgement after trial or hearing, by agreement
(settlement) between the person claiming harm and the person who caused it, and by the
automatic operation of law. Remedies as defined in Law of Torts: The manner in which a right
is enforced or satisfied by a court when some harm or injury, recognized by society as a
wrongful act, is inflicted upon an individual. The remedy is simply a form of relief available to
the person against whom a wrong has been committed, and it is provided by the accused party.
Tort remedies are typically of two types: judicial and extrajudicial. Judicial remedies are those
that are granted to a party by a court, whereas extra judicial remedies are those that are available
1 Author is a student at Amity Law School, Amity University, Rajasthan, India.
© 2022. International Journal of Law Management & Humanities [ISSN 2581-5369]
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[Vol. 5 Iss 6; 551]](ViewImageLocal?handle=hein.journals/ijlmhs20&div=50&collection=&method=preview&ext=.png&size=3)
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Remedies under Tort Law: Judicial and Extra-Judicial Remedies
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