Concept of remedies in the law of torts is formulated from the maxim ubi jus ibi remedium, which means ‘there is no wrong without a remedy’. In the case of Ashby v. White (1703) Justice Holt remarked, “if a man has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy; want of right and want of remedy are reciprocal”. This explanation was slightly modified to give it a better stance by observing, “Where there is no legal remedy, there is no legal wrong”
Bradlaugh v. Gossett, (1884)
In India, there is no legal remedy for the breach of a promise, which is made without any lawful consideration.
Types of Remedies:
a) Damages: The sum awarded by the court in the form of compensation is called ‘damages’. Damages again can be classified as:
Nominal damages are awarded in cases where though there is infringement of legal right on part of the plaintiff, but he has suffered no loss as a consequence whereof (cases of injuria sine damno)
Contemptuous damages are awarded when the court feels that the particular action should never have been brought even. The damages awarded are very nominal in these cases.
Compensatory damages are awarded when the plaintiff actually has sustained loss and it should be make good by the defendant.
Exemplary damages are awarded not only to compensate the plaintiff, but also to punish the wrong doer and discourage him from repeating the same offence.
b) Injunction: It is an order issued by a competent court of law to prohibit or compel the performance of a specific act to prevent irreparable damage or injury.
An injunction may be temporary or perpetual.
The court as an interim relief pending adjudication grants a temporary injunction. It can be varied, vacated or extended by the court at its discretion. Temporary injunction is granted as an interim measure in aid of the principal relief asked for in the plaint of the suit. This is also to ensure that the suit is not rendered infractuous. In India, the grant of temporary injunction is incorporated in the Civil Procedure Code.
By perpetual injunction the defendant is restrained permanently from doing the wrongful act, complained of, upon final adjudication of the dispute on merits, as a part of the principal relief sought for in the plaint. Perpetual or permanent injunction disposes of the suit with or without grant of other relief
c) Restitution of Property: In cases where the plaintiff is dispossessed of his property without any lawful justification, the court may order that such property be reinstated back to the plaintiff.
