chapter  20
48 Pages

REMEDIES IN TORT

People seek the aid of tort in order to achieve remedies for the wrongs they believe that they have suffered at the hands of others. If a claimant is successful, the law of tort provides one or more of a range of remedies, and the most usual remedy in tort is that of an award of money by way of compensation, known as ‘damages’. The basic principle is that damages should be calculated with the aim of putting the claimant into the same position as he or she would have been in if the tort had never been committed – Livingstone v Rawards Coal Co (1888) 5 App Cas 25. However, other remedies may be considered more appropriate – for example, the obtaining of an injunction to prevent a trespasser from entering the claimant’s land. The various remedies available in tort are outlined in this chapter.