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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 :
- a)Julius Stone
- b)Salmond
- c)Dias
- d)Winfield
Correct answer is option 'D'. Can you explain this answer?
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Tortious liability arises from the breach of a duty primarily fixed by...
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.
—Winfield and Jolowicz on Tort. 19th Ed.
—Winfield and Jolowicz on Tort. 19th Ed.
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Tortious liability arises from the breach of a duty primarily fixed by...
Tortious liability refers to the legal responsibility for a wrongful act that causes harm to another person or their property. The statement in question states that tortious liability arises from the breach of a duty primarily fixed by law. This means that the duty that is breached is one that is imposed by the law and not by any contractual or voluntary relationship between the parties involved.
Duty towards persons generally:
One of the key elements of tortious liability is that the duty breached is owed to persons generally. This means that the duty is not owed to a specific individual, but rather to society as a whole. For example, a duty to drive safely on the roads is owed to all other road users, not just a specific person.
Breach redressible by unliquidated damages:
The statement also mentions that the breach of this duty is redressible by an action for unliquidated damages. Unliquidated damages are damages that are not predetermined or easily calculable. They are usually determined by a court based on the specific circumstances of the case. This is in contrast to liquidated damages, which are predetermined and specified in a contract.
Explanation of options:
a) Julius Stone: Julius Stone was a legal scholar, but there is no specific connection between him and the statement mentioned.
b) Salmond: Salmond is a reference to John William Salmond, a legal scholar who made significant contributions to the field of tort law. However, the statement is not attributed to him.
c) Dias: Dias is a reference to Dias v. Rajagopalan, a case concerning tortious liability in India. However, the statement is not attributed to the court in this case.
d) Winfield: Winfield is a reference to Sir William Winfield, a renowned legal scholar who made significant contributions to the field of tort law. The statement is attributed to him.
Correct answer:
The correct answer is option 'D' (Winfield) as the statement is attributed to Sir William Winfield.
Duty towards persons generally:
One of the key elements of tortious liability is that the duty breached is owed to persons generally. This means that the duty is not owed to a specific individual, but rather to society as a whole. For example, a duty to drive safely on the roads is owed to all other road users, not just a specific person.
Breach redressible by unliquidated damages:
The statement also mentions that the breach of this duty is redressible by an action for unliquidated damages. Unliquidated damages are damages that are not predetermined or easily calculable. They are usually determined by a court based on the specific circumstances of the case. This is in contrast to liquidated damages, which are predetermined and specified in a contract.
Explanation of options:
a) Julius Stone: Julius Stone was a legal scholar, but there is no specific connection between him and the statement mentioned.
b) Salmond: Salmond is a reference to John William Salmond, a legal scholar who made significant contributions to the field of tort law. However, the statement is not attributed to him.
c) Dias: Dias is a reference to Dias v. Rajagopalan, a case concerning tortious liability in India. However, the statement is not attributed to the court in this case.
d) Winfield: Winfield is a reference to Sir William Winfield, a renowned legal scholar who made significant contributions to the field of tort law. The statement is attributed to him.
Correct answer:
The correct answer is option 'D' (Winfield) as the statement is attributed to Sir William Winfield.
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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 :a)Julius Stoneb)Salmondc)Diasd)WinfieldCorrect answer is option 'D'. Can you explain this answer?
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