Nature of Tort, Definition & Elements — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Winfield defines tortious liability as arising from the breach of a duty primarily fixed by:

   • An agreement between the parties
   • Law (correct answer)
   • Custom and usage
   • Religious doctrine

   Explanation. Winfield's definition: tortious liability arises from the breach of a duty primarily fixed by law, owed towards persons generally.

2. Under Salmond's definition, the remedy for a tort is a common law action for:

   • Liquidated damages
   • Unliquidated damages (correct answer)
   • Specific performance
   • Restitution only

   Explanation. Salmond defines tort as a civil wrong remedied by unliquidated damages, not exclusively breach of contract or trust.

3. Which statute gives the statutory (negative) definition of "tort" in India?

   • The Indian Contract Act, 1872
   • The Limitation Act, 1963 (correct answer)
   • The Indian Penal Code, 1860
   • The Specific Relief Act, 1963

   Explanation. Section 2(m) of the Limitation Act, 1963 defines tort as a civil wrong which is not exclusively a breach of contract or trust.

4. Winfield's "Wider Theory" of tort is also known as the:

   • Pigeon-Hole Theory
   • General Principle Theory (correct answer)
   • Fault Theory
   • Strict Theory

   Explanation. Winfield's Wider Theory (also called the General Principle Theory) holds all unjustifiable harm is tortious unless a defence excuses it.

5. Salmond's theory that only a fixed, closed list of named torts is actionable is called the:

   • Wider Theory
   • Pigeon-Hole Theory (correct answer)
   • No-Fault Theory
   • Absolute Theory

   Explanation. Salmond's Pigeon-Hole Theory holds there is no general principle of liability — only specific, recognised torts are actionable.

6. A right that is owed to a specific person, such as under a contract, is called a right:

   • In rem
   • In personam (correct answer)
   • In absentia
   • In toto

   Explanation. A right in personam is owed only to a specific person; tort protects rights in rem, owed to the world at large.

7. Which of the following is NOT one of the three elements of a tort?

   • Wrongful act or omission
   • Legal damage
   • Written agreement between parties (correct answer)
   • Legal remedy

   Explanation. The three elements of a tort are wrongful act/omission, legal damage, and legal remedy — a written agreement is not required.

8. The maxim "ubi jus ibi remedium" means:

   • Where there is a wrong, there is a crime
   • Where there is a right, there is a remedy (correct answer)
   • Where there is a contract, there is a duty
   • Where there is damage, there is liability

   Explanation. Ubi jus ibi remedium means "where there is a right, there is a remedy" — connecting to the legal remedy element of a tort.