A tort is defined as ___ that leads to civil liability.

A wrongful act

True or False: Torts can only arise from breaches of contract.

False; torts can arise from various wrongful acts outside of contracts.

Explain the difference between malfeasance and nonfeasance in tort law.

Malfeasance involves performing an unlawful act, while nonfeasance refers to failing to act when there is a legal obligation to do so.

True or False: In tort cases, the motive behind the wrongful act is usually irrelevant.

True; motive is often not a significant factor in determining liability in tort cases.

What does the term 'voluntary act' imply in the context of torts?

A voluntary act in torts implies an intentional action that leads to harm, as opposed to an accidental or involuntary act.

Fill in the blank: The law of tort is continually evolving with the addition of new ___ according to Winfield.

Torts

Distinguish between a tort and a crime based on their societal impact.

A tort primarily affects private rights of individuals, while a crime has repercussions that extend to society as a whole.

True or False: Recovery in tort law involves punishment of the wrongdoer by the state.

False; recovery in tort law involves seeking compensation from the wrongdoer rather than state-imposed punishment.

What does 'in rem' refer to in the context of torts?

In rem rights relate to torts.

• Rights against the public.

• Focus on property issues.

• Distinct from personal claims.

True or False: Torts require free consent for their validity, similar to contracts.

False; torts do not require free consent for validity.

What is the role of negligence in tort law?

Negligence plays a crucial role in tort law as it represents a breach of duty that leads to harm, allowing the injured party to seek compensation.