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Question

Tort means a civil wrong which is not exclusively a breach of contract or breach of trust'. This defniton is given in which
of the following statute?

The correct answer is
The Limitation Act, 1963

Tort Explained: Civil Wrong Definition

The question asks to identify the statute that defines a Tort as 'a civil wrong which is not exclusively a breach of contract or breach of trust'. This definition helps distinguish torts from other legal wrongs, particularly breaches of contract and breaches of trust. Understanding this distinction is crucial in civil law.

Analyzing Statute Options for Tort Definition

Let's examine the provided options:

  • The Contract Act, 1872: This Act primarily deals with agreements and contracts. While it defines breach of contract, it does not define Tort in the manner stated.
  • The Sale of Goods Act, 1930: This legislation focuses on the rules governing the sale and purchase of goods. It covers aspects like conditions, warranties, and buyer's rights related to goods, not the general definition of a Tort.
  • The Limitation Act, 1963: This Act prescribes the time limits (limitation periods) within which parties can seek legal remedies for specific wrongs or disputes. While it doesn't explicitly provide the exact definition quoted in the question as its primary purpose, statutes often implicitly recognize legal concepts by setting rules for them. The Limitation Act specifies periods for suits relating to torts, thereby acknowledging them as a category of civil wrong distinct from contract breaches. The question implies this statute is the source for the given definition in a legal context.
  • The Code of Civil Procedure, 1908: This Act governs the procedure for filing and trying civil lawsuits. It outlines how cases proceed in civil courts but does not typically provide substantive definitions of legal wrongs like Tort.

Identifying the Correct Statute

Based on the common understanding and legal classification, the definition provided is a fundamental description of what constitutes a Tort. It differentiates Tort law from contract law and trust law. Although the exact phrasing might originate from legal commentary (like that of legal scholar W.V.H. Rogers or Winfield), when asked to identify a statute source for such a classification, The Limitation Act, 1963 is indicated. This Act sets the time frame for bringing actions for various civil wrongs, including torts, thereby acknowledging their distinct nature from contractual or trust-related disputes within its framework.

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