Discuss any four Extra Judicial Remedies under Law of Torts.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2020
Discuss any four Extra Judicial Remedies under Law of Torts.

Answer & Explanation:

Extra Judicial remedies under Law of torts are available in certain cases. It is lawful to redress one's injuries by means of self-help without recourse to the court; these are as under: 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. 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. 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. 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. 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. 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

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic