Question
Consider the following elements :
(a) Infringement of a legal right
(b) Any damage
(c) Existence of a legal right
(d) Legal damages
Right to claim damages in tort would arise only if :
The correct answer is
(b) and (d) are present
Tort Law: Claiming Damages Explained
A right to claim damages in tort law arises based on specific conditions being met. The core requirements focus on harm and its legal redress.
Damages Claim: Key Conditions
For a successful claim of damages in tort, the following elements are crucial:
- Damage: The plaintiff must have suffered some form of harm, loss, or injury. This corresponds to element (b) 'Any damage'.
- Legal Damages: The suffered damage must be recognized by law as actionable, entitling the plaintiff to a legal remedy. This is element (d) 'Legal damages'.
Damage and Legal Remedy Focus
While the existence of a legal right (c) and its infringement (a) are foundational to a tort, the actual right to claim damages hinges on proving that damage occurred (b) and that this damage warrants legal compensation (d).
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Important Questions from Tort
- Which of the following is not a general defence under Torts?
A. Mistake
B. Remoteness
C. Necessity
D. Consent
Choose the correct answer from the options given below: - Which of the following is not an absolute privilege under the law of torts?
- Which of the following case does not relate to the concept of absolute liability under law of India?
- "Just as the criminal law consists of a body of rules establishing specific offence, so the law of torts consists of a body of rules establishing specific injuries". Who stated this ?
- Assertion (A) : X opens a food court in front of Y's 'food joint'. All the customers of Y patronise X. Y can not claim damages from X.
Reason (R) : There is a Latin maxim ‘damnum sine injuria'.
Give the answer using the following Codes :
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