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Extra-legal Remedies

Under the Tort Law, extra-judicial remedies are such measures that do not involve the court for reparation and the aggrieved party chooses to treat the wrongdoing themselves. In such circumstances, the party neither approaches the court nor charges the defendant but does act lawfully. For instance, such remedies give the aggrieved party the rights of ejection of a trespasser, re-entry on land or property, re-caption of chattels/goods, abatement of the nuisance or repairing damage caused by animals or chattels. These rights allow the property owner to apply a reasonable amount of force towards the wrongdoer to get compensated against their damages ("Injunction and Extra Judicial Remedies under Tort Law," n.d.).

According to Benson & Simpson (2018), extrajudicial controls have various forms. In the form of socialization, family and peers play a vital role in developing norms and values in society. Ethical principles instil practiced social behaviour among youngsters. However, in the case of white-collar crimes, people encounter ethical dilemmas unlike in regular crimes. The previous studies show that people pay less importance to white-collar crimes because of the little awareness about their consequences and adverse effect in society. Therefore, it is suggested that considerable amount of force should be applied, employing extralegal strategies to control white-collar crimes which may lead to traditional crimes if not catered to in time ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Nxlw007h","properties":{"formattedCitation":"(Benson & Simpson, 2014)","plainCitation":"(Benson & Simpson, 2014)","noteIndex":0},"citationItems":[{"id":228,"uris":["http://zotero.org/users/local/2y0xTiQs/items/UEVGDG94"],"uri":["http://zotero.org/users/local/2y0xTiQs/items/UEVGDG94"],"itemData":{"id":228,"type":"book","abstract":"Unlike other books of its kind, Understanding White-Collar Crime: An Opportunity Perspective uses a coherent theoretical perspective in its coverage of white-collar crime. Using opportunity perspective, or the assumption that all crimes depend on offenders having some sort of opportunity to commit an offense, allows the authors to uncover the processes leading up to white-collar crimes and offer potential solutions to this rampant issue, without being reductive in their treatment of the topic. With this second edition, Benson and Simpson have greatly expanded their coverage to include new case studies, substantive materials, and an annotated appendix of online resources to make this a core book for courses on white-collar crime.","ISBN":"978-1-134-48764-6","language":"en","note":"Google-Books-ID: zC2LBQAAQBAJ","number-of-pages":"376","publisher":"Routledge","source":"Google Books","title":"Understanding White-Collar Crime: An Opportunity Perspective","title-short":"Understanding White-Collar Crime","author":[{"family":"Benson","given":"Michael L."},{"family":"Simpson","given":"Sally S."}],"issued":{"date-parts":[["2014",11,20]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Benson & Simpson, 2018).

With the help of extrajudicial remedies, people can solve their problems without the help of courts which has lessened the burden of courts and provides them more time to focus on important criminal cases. They also provide a source of self-help for society. These remedies are executed peaceably without creating much chaos. However, such remedies have some disadvantages as well if not applied appropriately. Some people may use more force than required to fix their damages under the name of extralegal remedies with rebellious intentions to harm others which may lead to a criminal offence. This may cause commotion and disputes among the people in society (Dimatteo & Cristina, 2018).

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Benson, M. L., & Simpson, S. S. (2018). Understanding White-Collar Crime: An Opportunity Perspective. Routledge.

Dimatteo, L. A., Poncib&#243, & Cristina. (2018). Quandary of Smart Contracts and Remedies: The Role of Contract Law and Self-Help Remedies. European Review of Private Law, 26(6), 805–824.

Injunction and Extra Judicial Remedies under Tort Law. (n.d.). Retrieved December 12, 2019, from http://www.legalserviceindia.com/legal/article-484-injunction-and-extra-judicial-remedies-under-tort-law.html