Remedies

TypesExtra judicial remedies

Self help- 1. act accordingly so as to minimise the extent of his loss or damage. Use no more force than necessary to achieve his objective.

2. Not encouraged by law as P may be too emotional and therefore not impartial in judging the extent of necessary in the circumstances and doing so, he might exceed his own rights despite his efforts towards self-help.

Abatement of nuisance

1. Prior notice given to offending party as to proposed act of abatement, except when in emergency or grave danger.

2. Exercise care so as not to cause unneccesary damage.Judicial remediesDamages- monetary compensationMust prove- tort occur and suffer damage

Recoverable once only for a single tort.

Exception in this principle:1. Violation of two separate rights.- Malbai v Nawi2. Continuing injury e.g continuous trespass of land-

actionable per se and gives rise to a fresh cause of action from day to day.

Restitution in integrum- damages are assessed on a compensatory basis, which is to restore the P to his position prior to commission of tort.

Limitations to principle:1. Mitigation of damage- P has corresponding duty to

minimise his loss.2. Final damage caused by P’s impecuniosity

Claims for personal injury

1. Pecuniary losses- loss of earnings and future loss of earnings plus any expected expenses as a result of injury such as medical and nursing bill and domestic help. Also funeral expenses.

2. Non-pecuniary losses- claim could be for the injury itself, pain and suffering and loss of amenity or enjoyment of life.

Claim for damage to propertyClaim for pure economic loss

1. Negligent misstatement.2. If D’s negligent act, recovery is possible provided it is

foreseeable.Joint and several tortfeasorsSuits between

spousesTypes of damages

1. General and special damages2. Contemptuous damages3. Nominal damages4. Exemplary damages5. Aggravated damages

Injunction Types 1. Prohibitory injunction2. Mandatory injunction

Grant at different times

1. Quia time injunction2. Perpetual injunction3. Interlocutory injuction

Specific restitution of propertyExtinction of liability

1. Waiver2. Accord and satisfaction3. Release4. Judgment5. Limitation6. Death of a party