CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts
Anil, a pedestrian, is injured when a contractor's careless driver knocks him down. Anil lost Rs 20,000 in treatment costs. A court awards him exactly Rs 20,000 for this proven loss. Which feature of tort remedies does this illustrate?
The award illustrates that the main purpose of a tort remedy is compensation. Because the court granted exactly the proven treatment loss, it repairs the harm suffered rather than punishing the wrongdoer, preventing future conduct by injunction, or allowing any self-help by the victim.
- AThe remedy is punitive and aims to deter the driver
- BThe remedy is primarily compensatory, aiming to repair the loss sufferedCorrect
- CThe remedy is a preventive injunction
- DThe remedy is extra-judicial self-help
Explanation
The award equals the proven loss, so its purpose is to compensate rather than to punish. Exemplary damages would exceed actual loss, an injunction would be an order to refrain or act, and self-help does not involve a court award.
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