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Questions and Answers
What is the definition of a tort?
What is the definition of a tort?
- An act against public law.
- Any wrongful act punishable by the state.
- A civil wrong not exclusively a breach of contract or trust. (correct)
- A breach of contract.
Which of the following best describes unliquidated damages?
Which of the following best describes unliquidated damages?
- Damages predetermined by the parties.
- Known damages agreed upon prior.
- Fixed compensation for breach of contract.
- Compensation that is not pre-decided by the parties. (correct)
What does the term 'tort' signify in legal context?
What does the term 'tort' signify in legal context?
- A crime against society.
- An act that requires criminal proceedings.
- Any act resulting in a lawsuit.
- A wrongful act that is not necessarily criminal. (correct)
Which of the following is TRUE about liquidated damages?
Which of the following is TRUE about liquidated damages?
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What is a key characteristic of a tort?
What is a key characteristic of a tort?
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How are public wrongs defined in the context of tort law?
How are public wrongs defined in the context of tort law?
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According to Salmond, a tort is defined as what?
According to Salmond, a tort is defined as what?
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Which of the following statements about civil wrongs is FALSE?
Which of the following statements about civil wrongs is FALSE?
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What is the primary difference between public and private wrongs?
What is the primary difference between public and private wrongs?
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Study Notes
Definition and Nature of Torts
- "Tort" translates from French as "wrong," reflecting its Latin origin Tortum, meaning wrong or twisted.
- Torts are categorized as civil wrongs, distinct from criminal wrongs; civil wrongs pertain to individual damages while criminal wrongs affect public law.
- Tort law addresses private wrongs, which involve breaches against individuals rather than state offenses.
- According to Section 2(m) of the Limitation Act, 1963, a tort is defined as a civil wrong that is not simply a breach of contract or trust.
- Salmond's definition emphasizes tort as a civil wrong that allows for a common law action to seek unliquidated damages.
Types of Damages
- Liquidated Damages refer to compensation that is pre-determined and fixed, often agreed upon in contracts (e.g., set penalties for breach).
- Unliquidated Damages are compensation amounts that are not predetermined; they vary based on the circumstances of the injury and are determined by a court.
Key Elements of Torts
- Torts are classified as a specific category of civil injuries, differentiating them from criminal offenses.
- Not every civil wrong qualifies as a tort, emphasizing the distinct nature of tort law within the legal framework.
Conditions of Liability
- Liability in tort depends on the recognition of a civil wrong that warrants legal remedy.
- The distinction between torts and other kinds of civil wrongs underscores the unique legal implications and defenses applicable to tort claims.
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