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Law Of Torts Questions and Answers Part 2

In continuation of Part 1 on question and answers on Law of Torts this post will also give you important questions and answers on topic Law of Torts.

These question and answers on topic of 'Law of Torts' are useful for preparation of Legal Aptitude/ Legal Awareness.

How Tort differs from Contract?

In a contract, both parties agree to the terms of the agreement. In a tort, one party is accused of breaching a duty owed to another party without consent.

The major differences between Tort and Contract are as follows

Sr. No	Tort	Contract
1	Legal remedies allow a victim to recover from losses/injuries/damages.	It is set of laws imposable
2	Rights and obligations result from common law created by the court	Rights and obligations result from agreement i.e. contract made between parties.
3	Duties determined by law.	Parties determine the duties.
4	Minors can be sued and damages are recovered.	Minors are limited in liability.

How Tort differ from Crime?

A Crime is wrongdoing which hampers the social order of the society we live in. A Tort is wrongdoing which hampers the individual or his property.

An act or behavior that does not break a law is not an offence, but crime is always a violation of law, and tort happens when negligence directly damages a person or his/her property

Classify the grounds on which a person may be held liable for tort.

Wrongful act: The act complained of, should under the circumstances, be legally wrongful as regards the party complaining.

Legal damages: There should be legal injury or invasion of the legal right. Where there is infringement of a legal right, an action lies even though no damage may have been caused.

Legal remedy: This means that to constitute a tort, the wrongful act must come under the law. The main remedy for a tort is an action for unliquidated damages.

What meant by damnum sine injuria?

It literally means “Deterioration without injury” and in Marathi it means “इजा न होता नुकसान”

A person may have suffered damage and yet have no action in tort, because the damage is not to an interest protected by the law of torts i.e. without violation of legal rights.

Example: You own a shop and someone open a shop in the neighbourhood, as a result of which you lose some customers and your profits fall off, you cannot sue that person for the lose in profits, because that person are exercising your legal right.

What meant by injuria sine damno?

It means injury without damage, i.e., where there is no damage resulted yet it is an injury or wrong in tort. In Marathi it means “कमजोरी शिवाय दुखापत”.

Some rights or interests are so important that their violation is an actionable tort without proof of damage.

Example: An M.L.A. some state Assembly, was wrongfully detained by the police while he was going to attend the Assembly session. Thus, he was deprived of his fundamental right to personal liberty and constitutional right to attend the Assembly session.

Explain what is meant by ' malice in law.'

Malice in common acceptation means ill-will against a person; but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse.

Malice in law is expressed as implied malice, where the wrongful intention is presumed concerning the unlawful act.

While deciding personal liability, malice or motive is not considered a relevant factor for most cases.

Malice is a crucial ingredient for the imposition of liability in case of malicious prosecution, abuse of process, misfeasance in a public office and conspiracy.

How far is a minor liable for a tort?

A minor is liable in tort as an adult but the tort must be independent of the contract. A minor's agreement is void even if he fraudulently represents himself to be of full age.

Court must appoint a guardian if decree is passed against a minor to be represented in court and future appeals.

Law of Torts is the branch of law controlling the behaviour of people in the society. Useful for preparation of LAW Entrance exams in India like MH LAW CET, CLAT, AILET etc.

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