Who defined the law of tort as andquot;tortious liability arises from the breach of a duty primarily fixed by the law: this duty is towards persons generally and its breach is redressible by an action for unliquidated damagesandquot;?a)Salmondb)Fraserc)Lord Denningd)WinfieldCorrect answer is option 'D'. Can you explain this answer?

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a)
Salmond
b)
Fraser
c)
Lord Denning
d)
Winfield

Correct answer is option 'D'. Can you explain this answer?

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Who defined the law of tort as "tortious liability arises from th...

Winfield's definition of tort is: “Tortuous liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages."
Winfield and Jolowicz on Tort. 19th Ed.: Tort law is concerned with compensation for damage suffered as a result of another's acts or omissions. The word is ultimately derived, by way of French, from the Latin torques, to twist. Tort law covers all civil wrongs, other than contractual disputes, for which there is a remedy. It implies acts that bend or warp societal rules prohibiting causing harm to others. The history of tort is the history of legal interpersonal relationships.

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Tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages - This statement is made by

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Principle 1 - In the case of tortious liability, a duty of care is owed to the world at large, and anybody affected by such breach of duty of care can sue for damages.Principle 2 - When two parties enter into a contract and there is a breach of contractual terms, only the party to the contract affected by such breach may sue.Facts – Sushma and her friends were having a party to celebrate their good grades in the recent semester examinations. Sushma ordered several pizzas from a famous pizza chain called Pizzalicious. Reveling in the party atmosphere, Ravali, Sushma‘s friend helped herself to a slice of pizza and took a bite. After she had eaten it, she saw something resembling part of a worm in the remaining slice of the pizza. Ravali was shocked and greatly traumatized by this, and also fell sick subsequently. When she recovered, she wished to sue Pizzalicious for the bad quality of pizza provided by them. Pizzalicious, however, took the defence that they may only be sued by Sushma, who had placed the order for the pizzas and paid for them. Decide.

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Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted. The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. A, an employee of GHC Company worked for a garage, which had petrol pumps outside and had a duty to assist in the movement of vehicles around the garage and also the drivers as they undertook tricky man oeuvres and while doing it negligently backed over B in a lorry. B sued the employer of A.

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Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted. The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. How do courts determine whether a person is an employee?

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Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. What are criteria's, which must be met before employee status, can be granted to a person?

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Who defined the law of tort as "tortious liability arises from the breach of a duty primarily fixed by the law: this duty is towards persons generally and its breach is redressible by an action for unliquidated damages"?a)Salmondb)Fraserc)Lord Denningd)WinfieldCorrect answer is option 'D'. Can you explain this answer?

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Who defined the law of tort as "tortious liability arises from the breach of a duty primarily fixed by the law: this duty is towards persons generally and its breach is redressible by an action for unliquidated damages"?a)Salmondb)Fraserc)Lord Denningd)WinfieldCorrect answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Who defined the law of tort as "tortious liability arises from the breach of a duty primarily fixed by the law: this duty is towards persons generally and its breach is redressible by an action for unliquidated damages"?a)Salmondb)Fraserc)Lord Denningd)WinfieldCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Who defined the law of tort as "tortious liability arises from the breach of a duty primarily fixed by the law: this duty is towards persons generally and its breach is redressible by an action for unliquidated damages"?a)Salmondb)Fraserc)Lord Denningd)WinfieldCorrect answer is option 'D'. Can you explain this answer?.

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