Tort Law: Definition and Nature

Questions and Answers

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?

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?

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?

They are fixed compensation agreed upon in advance. Signup and view all the answers

What is a key characteristic of a tort?

It can lead to common law actions for unliquidated damages. Signup and view all the answers

How are public wrongs defined in the context of tort law?

They are offenses against the State. Signup and view all the answers

According to Salmond, a tort is defined as what?

A civil wrong for which the remedy is a common law action. Signup and view all the answers

Which of the following statements about civil wrongs is FALSE?

Every civil wrong is a tort. Signup and view all the answers

What is the primary difference between public and private wrongs?

Public wrongs involve the State, while private wrongs do not. Signup and view all the answers

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.

Description

Explore the fundamental concepts of tort law, including its definitions, nature, and types of damages. Understand the distinction between civil and criminal wrongs, as well as the implications of liquidated and unliquidated damages. This quiz delves into the nuances of torts and their legal ramifications.