Law of Torts - TEST 1

What is the origin and meaning of the term "tort"?

• A French term meaning 'wrong'.

• A Latin term meaning 'right'.

• A Greek term meaning 'justice'.

• An English term meaning 'agreement'.

How did Salmond define tort?

• As a breach of duty primarily fixed by law.

• As an infringement of a right in rem of a private individual.

• As a civil wrong for which the remedy is a common law action for unliquidated damages, not exclusively a breach of contract or trust.

• As a wrongful act recognized by criminal law.

What is the relationship between a tort and a civil wrong?

• All civil wrongs are torts.

• All torts are civil wrongs, but not all civil wrongs are torts.

• Torts are a subset of criminal wrongs.

• Civil wrongs and torts are entirely unrelated concepts.

What type of definition is provided for "tort" in Section 2(m) of The Limitation Act, 1963?

• A comprehensive definition.

• An exhaustive definition.

• A specific definition.

• A residuary definition.

What does it mean for a tort to be considered a 'private wrong'?

• The action is brought by the state against the wrongdoer.

• The action is brought by the injured party against the wrongdoer.

• It only involves breaches of contract between two parties.

• It is a breach of duty recognized by criminal law.

Who typically initiates legal action in cases of tort?

• The government or state.

• The injured party.

• Any member of society.

• A neutral third-party mediator.

What does it mean for tort litigation to be "compoundable"?

• The case must be heard by a panel of judges.

• The parties involved can reach a settlement outside of court.

• The damages awarded are always predetermined.

• The litigation process is complex and involves multiple stages.

How are damages typically determined in tort cases compared to breach of contract cases?

• Damages in torts are always predetermined, unlike breach of contract.

• Damages in torts are unliquidated, meaning they are not pre-decided, while in breach of contract they can be.

• Damages in both tort and breach of contract are always decided by the court.

• Damages in torts are punitive, whereas in breach of contract they are compensatory.

Which of the following acts can be classified as both a tort and a crime?

• Breach of contract.

• Defamation.

• Violation of trust.

• Non-performance of duty.

According to Salmond's "Pigeon-Hole Theory" of torts, what constitutes a tort?

• Any wrongful act for which there is no justification or excuse.

• Only specific, pre-determined wrongs for which liability can arise.

• Any act that causes harm to an individual or group.

• A breach of duty recognized by criminal law.