What remedies are provided under law of torts for environmental pollution?
The primary remedies for these environmental torts are claiming for unliquidated damages and injunction or both. Damages are compensation payable for the commission of a tort. These damages may be nominal, substantial or exemplary.
What are the common law remedies for regarding environmental pollution?
Under Common Law, there are 4 different remedies against pollution, and these are – nuisance, negligence, trespass and strict liability.
What are the legal remedies provided for environmental protection?
The tortuous remedies available are trespass, nuisance, strict liability and negligence. The statutory remedies incorporates: Citizen’s suit, e.g., an activity brought under Section 19 of the Environmental (Protection) Act, 1986, an activity under area 133, Criminal Procedure Code, 1973.
What are the remedies under torts?
Remedies in Tort Law are of 2 types
- Damages: Damages or legal damages is the amount of money paid to the aggrieved party to bring them back to the position in which they were before the tort had occurred. …
- Injunction: Injunction is an equitable remedy available in torts, granted at the discretion of the court.
What are the common law remedies?
The common law remedy of damages for breach of contract is an example of a remedy that is available as of right. If the claimant establishes that the defendant has broken the terms of a contract and the claimant has suffered damage as a result, then the court will award damages.
What are the common law remedies against public nuisance?
There are three kinds of remedies available in the case of a nuisance, these are:
- Injunction. An injunction is a judicial order restraining a person from doing or continuing an act which might be threatening or invading the legal rights of another. …
What is common law environmental law?
Under the COMMON LAW, environmental litigation revolves around six doctrines: NUISANCE, TRESPASS, NEGLIGENCE, STRICT LIABILITY, prior appropriation, and riparian rights.
What is nuisance environmental law?
Nuisance is the unlawful interference with a person’s use and enjoyment of his own land/property. It can be attributed to any sort of disturbance that hampers one’s ability to enjoy his space without hindrance. For a person to bring charges for the same, one must prove that he is facing unnecessary disturbances.
What is environmental tort?
Environmental tort comes under 4 types of torts they are:
In case when there is damage to environment it plays its role. (b) It is more focused on curing and awarding compensation. (c) Environment is not a personal property. (d) Tort of negligence marks fault of defendant.