What are the extra judicial remedies available to the plaintiff in an action for tort ?

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2024
What are the extra judicial remedies available to the plaintiff in an action for tort ?

Answer & Explanation:

There are two types of remedies available to a person under the Law relating to Torts. These are judicial and extra judicial remedies. The extra judicial remedies are explained as under: Extra judicial remedies (a) Self defence: It is lawful for any person to use reasonable forces to protect himself, or any other person against any unlawful use of force. (b) Prevention of trespass: An occupier of land or any person with his authority may use reasonable force to prevent trespassers entering or to eject them but the force should be reasonable for the purpose. (c) Re-entry on land: A person wrongfully disposed of land may retake possession of land if he can do so in a peaceful and reasonable manner. (d) Re-caption of goods: It is neither a crime nor a tort for a person entitled to possession of a chattel to take it either peacefully or by the use of a reasonable force from one who has wrongly taken it or wrongfully detained it. (e) Abatement of nuisance: The occupier of land may lawfully abate (i.e. terminate by his own act), any nuisance injuriously affecting it. Thus, he may cut overhanging branches as spreading roots from his neighbour's trees, but: (i) upon giving notice; (ii) by choosing the least mischievous method; (iii) avoiding unnecessary damage. (f) Distress damage feasant: An occupier may lawfully seize any cattle or any chattel which are unlawfully on his land doing damage there and detain them until compensation is paid for the damage. The right is known as that of distress damage feasant to distrain things which are doing damage.

Topics: Law of Torts

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