Advantages of the law of tort.
Introduction-
The law tort is an essential but un-codified law which deals with civil wrongs, the common law system depends on judicial precedents for the decision on the cases of tort. The tort law could only be enforced in the cases of breach or infringement of legal rights, which means if the rights provided by the law are infringed then only the law of tort could be invoked, and the tort law depends on the right in rem which means that the right provided under the law of tort is not against any specific person, but against the whole world and in case of infringement of such right the plaintiff may approach the court, and court would bound the defendant to provide the remedies in form of damages to the plaintiff.
Advantages-
There are many advantages of the law of tort, it governs the cases related to the civil wrong which otherwise would not be addressed, and it provides damages for those civil wrongs. Following are a few of the advantages of the law of tort.
Provides Remedies-
Providing Remedies is an essential and advantageous feature of the law of tort, as tort law deals with civil wrongs thus it does not provide the punishment in form of rigorous or simple imprisonment but provides monetary damages in form of remedies to the plaintiff. The following are two types of remedies provided under tort law.
Compensation-
Compensation means the monetary compensation, if the injury is caused to the plaintiff (injury means injury to the body, mental injury or legal injury) by the defendant in such case the plaintiff may ask the defendant to pay for damages caused by him, and the amount of compensation for such injury would be decided by the court in accordance of the injury caused to the plaintiff.
Injunction-
In some cases where the court observes that the mere act of providing compensation for the injurious act is not sufficient for justice then in such cases the court provides the injunction to the plaintiff, tort law assignment help in Australia is often taken to understand injunction which in simple term is the act performed for repairing the wrong committed, by dong or refrain from doing any certain acts.
Deals with violation of legal right-
The law of tort is only applicable in case of violation of the rights provided under law and not otherwise, in other words, we can say that law of tort does not recognise the rights which are not provided by the law of the state.
Provides for civil wrong-
Primarily there are two types of wrongs, civil and criminal, the law of tort deals only with civil wrongs and these civil wrongs do not extend to a breach of trust or breach of contract but deal with the acts of negligence or other such other acts.
Provides general defence-
Law assignment help is often taken to understand the defence principle lies in the law of tort, broadly there are two types of defence in the law of tort the first when the plaintiff voluntarily does an injurious act and the second when the plaintiff contributes in the act which is injurious to him, and both of the above conditions are a good defence for the defendant against the plaintiff.
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