Questions and Answers
The term 'tort' is derived from the Arabic language.
False
Public wrongs violate public law and are offenses against the State.
True
A tort is considered a type of criminal wrong.
False
Liquidated damages are pre-determined or fixed compensation for loss.
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Unliquidated damages are damages predetermined by the parties involved.
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Every civil wrong is classified as a tort.
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According to Salmond, a tort is a civil wrong for which the remedy is a common law action for unliquidated damages.
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Private wrongs involve breaches of public law.
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The Limitation Act, 1963 does not define the term 'tort'.
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Study Notes
Understanding Torts
- "Tort" originates from the French word for "wrong" and derives from the Latin Tortum, meaning "twisted" or "wrongful".
- Torts represent civil wrongs, distinguishing them from criminal wrongs.
Types of Wrongs
- Public Wrongs: Violations against public law that constitute offenses against the State.
- Private Wrongs: Breaches of private law; wrongs committed against individuals.
Definition of Tort
- The Limitation Act, 1963, defines tort as a civil wrong that is not solely a breach of contract or trust.
- Salmond describes a tort as a civil wrong that allows for a common law action for unliquidated damages, not purely contractual or trust breaches.
Types of Damages
- Liquidated Damages: Fixed or predetermined compensation, often established within a contract.
- Unliquidated Damages: Compensation that is not specified before a lawsuit, assessed based on the circumstances of the harm.
Key Characteristics of Torts
- Torts are a specific category of civil injuries distinct from criminal offenses.
- Not all civil wrongs fall under tort law; some may be breaches of contract or trust.
General Conditions for Tort Liability
- Liability in torts may depend on established conditions that outline legal responsibilities and the requirement for a civil remedy.
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Description
Test your understanding of the Law of Torts, which distinguishes between civil wrongs and criminal wrongs. This quiz explores the concepts of public and private wrongs as defined in legal terms. Prepare to enhance your knowledge of tort law!
