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Question

Which one of the following statements is correct in relation to the law of torts in India ?

The correct answer is
It is a civil wrong for which remedy is a common law action for liquidated damages.

Understanding the Law of Torts in India

The law of torts deals with civil wrongs and the remedies available for them. Analyzing the given statements helps identify the correct description of tort law in India.

Analyzing the Statements on Torts

  • Option 1 Incorrect: While morality influences law, tort law is based on specific legal principles, not just general morality. It focuses on legal rights and duties rather than solely intention or innocence.
  • Option 2 Correct: This statement accurately defines a tort as a civil wrong. The primary remedy in tort law is typically a common law action seeking unliquidated or liquidated damages to compensate the injured party.
  • Option 3 Incorrect: Tort law is a distinct area of law, separate from constitutional law or the entirety of statutory law. While statutes may codify or affect tortious liability, tort law itself is not defined by being judicially developed equity covering all statutes.
  • Option 4 Incorrect: A tort can arise from both an act (a positive action) and an omission (failure to act where there is a duty to act). The statement incorrectly limits it to only acts.
  • Option 5: This option is empty and cannot be evaluated.

Conclusion on Tort Law Definition

Based on the analysis, the most accurate statement describing the law of torts in India is that it constitutes a civil wrong remedied by a common law action, typically for damages.

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Important Questions from Law of Torts and Consumer Protection

  1. The word 'Tort' has been derived from the Latin Word :
  2. The Maxim 'Damnum Sine injuria' means :
  3. Which of the following is not a valid defence in tort?
  4. Following are good defences to an action in tort :
    (a) Act of God
    (b) volenti non fit injuria
    (c) private defence
    (d) trustee do son tort

    Choose the correct option:
  5. Match the following provisions with the Section under Consumer Protection Act 1986 :

    (a)Jurisdiction of the District forum(i)Section 17 B
    (b)Composition of State Commission(ii)Section 20
    (c)Composition of National Commission(iii)Section 16
    (d)Circuit benches of State Commission(iv)Section 11


    Choose the correct option from those given below :
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