When the person whose rights have had infringed, taken back to his previous position that he was enjoying before would be called as the person has been provided with a legal remedy. For example if someone take anything which belongs to the other person then the court may either ask that person to pay the price of that thing to the other person or return that thing to the person to whom it is belongs. Remedies are of two kinds:-
Judicial Remedies
This kind of remedy is provided by the court to the party whose rights have been infringed. It is of three types:
Damages: It is the amount of money which is paid to the party whose rights have been infringed. It is a primary remedy in cause of action for torts.
Injunction: In injunction the court ask the respondent to perform plaintiff’s part of promises in spite of compensating.
Specific Restitution of Property: In this kind of remedy court ask the respondent to restore the goods to it’s owner.
Extra-Judicial Remedies:
Extra-Judicial Remedies are the remedies in which person whose rights have been infringed doesn’t go to court for remedy. Extra-Judicial Remedies are of three types:
Expulsion of trespasser: In this type the person whose rights have been infringed uses physical force upon trespasser to expel out from his property.
Re-entry on land: In this case, the owner of a property can remove the trespasser and re-enter his property by using a reasonable amount of force.
Re-caption of goods: In this case, the owner of goods is entitled to recapture his goods from any person whose unlawful possession they are in.
Abatement:
In case of a nuisance, be it private or public, a person can remove the object causing nuisance.
Distress Damage Feasant: Into this kind of type of remedy if person’s cattle/other beasts move to another’s property and and damage his property then the owner of the property can take possession of the cattle/beasts until he is compensated for the loss suffered.
Sirachi Gupta, Faculty of Law, University of Lucknow
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