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CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts

Ramesh, a shopkeeper in Pune, wrongly accuses Suresh of theft in front of customers, harming Suresh's reputation. Which of the following best describes the legal position in the law of torts?

Suresh may sue for unliquidated damages for defamation. A tort is a civil wrong remedied by damages assessed by the court, and it does not depend on a contract or on a criminal conviction of the wrongdoer.

  1. ASuresh has a remedy only if Ramesh has been convicted by a criminal court
  2. BSuresh may claim unliquidated damages for the civil wrong of defamationCorrect
  3. CSuresh has no remedy because no contract existed between the parties
  4. DSuresh may claim only a fixed sum prescribed by statute

Explanation

A tort is a civil wrong for which the usual remedy is an action for unliquidated damages. Defamation protects reputation, and no contract or criminal conviction is required. A fixed statutory sum is not the tort measure, since damages are assessed by the court.

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