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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 definition of tort as “a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation” was given by Sir John Salmond. His definition is widely accepted in Indian jurisprudence and serves as a foundational explanation for the nature of tortious liability.

Information Booster:
Salmond emphasized the remedial aspect of tort law, distinguishing it from contractual obligations and equitable duties. His definition is considered more structured and legalistic compared to other scholars.

Additional Information:

Winfield, on the other hand, advocated a broader view, defining tort as any act or omission which is prohibited by law and gives rise to a civil action.

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