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A tort is a civil wrong for which, the remedy is an action for damages and which is not exclusively breach of contract or breach of trust or breach of
Question

A tort is a civil wrong for which, the remedy is an action for damages and which is not exclusively breach of contract or breach of trust or breach of merely equitable obligation. The above definition was given by:

A.

Salmond

B.

Winfield

C.

Fraser

D.

Clerk and Lindsell

Correct option is A

The correct option is: (a) Salmond

Explanation:

This is the classic statutory and textbook definition of a tort formulated by the eminent jurist Sir John William Salmond in his foundational work, Law of Torts.

Salmond's definition relies on a process of exclusion to isolate what a tort is by defining what it is not:

  1. Civil Wrong: It separates torts from criminal acts, meaning the case is brought by an individual plaintiff seeking compensation, not the State seeking punishment.
  2. Action for Damages: The standard primary remedy must be unliquidated damages (compensation calculated by a judge at trial, not pre-fixed by the parties).

Exclusion Pool: It explicitly carves out other civil obligations. If a wrong is purely a breach of contract (which comes from a private agreement) or a breach of trust/equity (which belongs to property trusts), it cannot be legally classified as a tort.

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