“A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation”

All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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84.

“A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation” – Whose Statement is this

A: Winfield

B: Salmond

C: Polliock

D: Griffith

The answer is: B

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Explanation

Correct Option is B: Salmond.

The statement is attributed to Salmond, who was a British jurist and legal scholar. He gave this definition of tort in his book Jurisprudence, which was first published in 1902 and has been revised and updated by various authors since then. Salmond's definition is widely cited and accepted as a general description of the nature and scope of tort law, although it has been criticized by some for being too narrow or too vague. According to Salmond, torts are distinguished from other civil wrongs by the type of remedy they provide (unliquidated damages), and by the source of the obligation they impose (not arising from contract, trust, or equity). Unliquidated damages are damages that are not predetermined or fixed by law, but are assessed by the court according to the facts and circumstances of each case. Contract, trust, and equity are other branches of civil law that deal with different kinds of obligations and rights between parties.