CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts
Which of the following is a necessary essential for liability in tort?
The act or omission must be a legally recognised wrong that infringes a legal right and entitles the victim to unliquidated damages. Tort liability needs neither a crime, nor a contract, nor intention, since negligence is also a tort.
- AThe wrongful act must be a crime under the Indian Penal Code
- BThe act or omission must be one that the law recognises as a wrong giving rise to a legal remedy by way of unliquidated damagesCorrect
- CThere must be a prior contract between the parties
- DThe act must have been done with intention to cause harm
Explanation
A tort requires a wrongful act or omission that violates a legal right and gives a remedy in unliquidated damages. A tort may be committed without crime, without contract and without intention (for example negligence). So the other options add conditions not required.
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