LAW5505 Law of Torts and Consumer Protection — Unit 4: Remedies in Tort Law

Unit 4: Remedies in Tort Law

4.1 Judicial Remedies: Compensation, Injunctions, and Declaratory Relief

1. Damages (the compensation’s forms):
   – Ordinary/compensatory — the loss’s restoration (the pecuniary heads: the medical costs, the earnings’ loss, the property’s value; the non-pecuniary: the pain-and-suffering faces).
   – Special damages — the pleaded specifics vs the general damages’ assessment.
   – Exemplary/punitive — the aggravated wrongs’ extra answer (the state’s malice, the cruel wrongs — the constitutional-violation faces).
   – Nominal — the right’s bare vindication (the technical wrong without loss).
   – The measure’s rules (the remoteness’s screen; the mitigation duty — the victim’s reasonable self-help).
2. Injunctions:
   – The mandatory vs the prohibitory (the act’s compulsion vs its bar).
   – The interim vs the perpetual (the pending case’s protection; the final judgment’s order).
   – The quia timet face (the anticipated wrong’s bar).
   – The discretion’s disciplines (the balance of convenience; the delay’s acquiescence; the clean-hands bar — the equitable pedigree).
3. Declaratory relief — the rights’ declaration (the status-and-duty questions resolved without an order; the declaratory judgment’s role in the boundary disputes).

4.2 Extrajudicial Remedies: Self-Help and Alternative Dispute Resolution

The self-help’s lawful faces:

1. The harm’s prevention — the reasonable force against the ongoing wrong (the entry-and-re-entry lore: the land-and-goods recovery).
2. The distress’s historic faces — the goods’ seizure lore (the rent’s historic machinery).
3. The abatement’s privilege — the nuisance’s self-removal (the entry’s limits; the reasonable-notice lore).
4. The necessity’s harm (U2.3’s defence as the “remedy” — the harm-inflicting privilege).
   The ADR’s route: the negotiation-and-settlement (the accord’s face of U3.3); the mediation (the Civil Procedure’s mandatory-mediation face — the pre-trial mediation’s rule); the arbitration (the contractual substitution — the Arbitration Act’s world); the Mediation Act’s machinery. The policy’s frame:

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