Damages and Remedies in Tort

2007 Words9 Pages
The law of tort is a concept that has been enduring for ages, this dynamic evolution of tort law has been the matter to many principles under which tortuous liability can be demanded. Simultaneously certain other principles are used to counter these claims for compensation, these counter claims or defences are used to evict those innocent citizens from tortuous liability who have been unfairly implicated with claims imposed on them. A defence in law is an argument of denial which is raised in attempt to avoid liability. Besides contesting the accuracy of any allegation made against the defendant, a defendant may also make allegations against the plaintiff or in this case raise a defence, arguing that, even if the charge against the defendant are true, the defendant is nonetheless not liable, as he holds the burden of proof. After the argument and defences are laid down in a court standing, a judicial relief or remedy is given, this is done so as to exercise jurisdiction, enforce a right, impose a penalty or generally make some other court order to impose its will, in a general perspective, a remedy is a manner in which a right is enforced or satisfied by a court when some harm or injury recognized by society as a wrongful act is inflicted upon an individual. It is concerned with the extent of relief to which an individual who has brought a legal action is entitled once the appropriate court procedure has been followed. Defences and remedies are a substantial part of law that needs to be clearly analyzed so as to get a wider perception of their application in the law of tort. Defences: The defence of consent: is a defence based on the principle commonly known as Volenti non fit injuria, this is where a person who has voluntarily agreed to suffer harm, cannot claim damages for such harm. This consent can either be expressly made or implied, however, it should be
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