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

Which of the following statements correctly distinguishes a tort from a breach of contract?

In tort the duty is fixed by law and owed to people in general, while in contract the duty comes from the parties' own agreement and is owed to the specific parties. The other options reverse these features.

  1. AIn tort the duty is fixed by law and owed towards persons generally, whereas in contract the duty arises from the agreement of the partiesCorrect
  2. BIn tort the duty arises from the consent of the parties, whereas in contract it is fixed by law
  3. CDamages in tort are always liquidated, whereas in contract they are always unliquidated
  4. DTort requires privity between the parties, whereas contract does not

Explanation

Tortious duties are imposed by law and owed to persons generally, while contractual duties arise from the parties' agreement and are owed to specific persons. The other options reverse these features. Damages in tort are unliquidated, and privity is a feature of contract.

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