Questions and Answers
What does the term 'tort' primarily translate to in English?
Which of the following best describes the primary goal of Project Access?
What challenge do many law students face according to the study material?
In what manner do students prefer to learn, according to the content?
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What is a significant reason for students’ difficulties with law books mentioned in the study material?
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What does the term 'tortfeasor' refer to?
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What specific contributions does the project invite from the community?
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Which of the following best describes the main aim of the Law of Torts?
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How does the project plan to evolve its offerings over the years?
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What is the origin of the word 'tort'?
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Which term is used to describe individuals involved in a tort when there are multiple wrongdoers?
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According to Richard Dien Winfield, tortious liability emerges from a breach of what?
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What constitutes a legal wrongful act?
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Which of the following is NOT an essential element that constitutes a tort?
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What is an example of an 'innuendo' in legal terms?
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Which phrase best defines 'unliquidated damages' in the context of tort law?
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Study Notes
Law of Torts Overview
- The term "tort" comes from French, meaning "wrong," and is equivalent to the Romanian term "delict."
- Derived from Medieval Latin "tortum," it signifies "wrong" or "injury," linked to the Old Latin word "torquere," meaning "to twist."
- A tort represents a breach of duty that results in civil wrong.
Key Concepts in Tort Law
- A tort is committed when someone's duty toward others is violated; the perpetrator is called a tortfeasor.
- Multiple wrongdoers can be joint tortfeasors and can face litigation individually or collectively.
- The primary objective of tort law is to ensure compensation for victims of tortious acts.
- According to Section 2(m) of the Limitation Act, 1963, a tort is a civil wrong broader than breaches of contract or trust.
Definitions by Legal Scholars
- John Salmond: Defines tort as a civil wrong with unliquidated damages, distinct from contracts or trust violations.
- Richard Dien Winfield: States that tortious liability arises from breaching a legally fixed duty towards others, with remedies available for unliquidated damages.
- Fraser: Describes tort as an infringement of a private individual's rights that warrants compensation for the injured party.
Essential Elements of a Tort
- A tort must give rise to legal remedies through actions for damages.
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Wrongful Act: Can be classified as morally or legally wrong, potentially both.
- Legal Wrongful Act: Must infringe upon a recognized legal right and violate the law.
- Example: A seemingly innocent act may infringe legal rights (e.g., innuendo harming someone's reputation).
Liability Imposed by Torts
- Liability occurs when a wrongful act infringes upon a legal private right or violates a legal duty.
- Example of legal violation: Preventing someone from voting infringes their legal right, regardless of the election outcome.
- Example of a moral wrong: A person may breach religious dietary restrictions but may not be legally wrong.
Project Access Initiative
- Aim to provide quality, accessible study material for law students in India.
- Addresses high costs and technical complexity of existing law books.
- Encourages student contributions, feedback, and sharing of educational resources.
- Future plans include more subjects, multiple-choice questions (MCQs), subjective questions, and learning tips.
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Description
This quiz explores key concepts and principles of the Law of Torts, compiled by Lawsikho as part of their Project Access. It aims to provide accessible and high-quality study resources for law students and enthusiasts in India, addressing the challenges faced in finding affordable law books.
