Law of Torts and Consumer Protection Questions and Answers

Answer: C

All three statements are ingredients of a tort, so the answer is 1, 2 and 3. A tort requires a wrongful act or omission by a person, that act must be of a kind that gives rise to a legal remedy, and the remedy must be an action for unliquidated damages, meaning damages the court has to assess rather than a sum fixed in advance.

The options limiting the answer to Only 1, Only 2 or Only 2 and 3 each leave out an ingredient that the standard definition of tort insists on. The unliquidated damages requirement is what distinguishes a tort from a breach of contract with a stipulated sum.

Answer: A

The word tort is derived from the Latin word tortum, which means twisted or wrong, as opposed to rectum, meaning straight or right. It came into English through the French word tort, meaning wrong.

Tortica, Torcku and Torp are not Latin words from which tort is derived; they are made-up distractors that resemble the real word.

Answer: A

The word tort comes from the Latin word tortum, meaning twisted or wrong, as opposed to rectum, meaning straight. It reached English through Old French, in which tort meant a wrong or injury.

French is therefore the language the word came to English through, and not its origin; English is the language it is used in, and Russian has no connection with it. The ultimate source, Latin, is the keyed answer.

Answer: A

The statement that all injuries done by one person to another are torts, unless there is some justification recognised by law, is Winfield's view of the law of tort, usually described in the textbooks as the wider theory, set against the narrower pigeon-hole theory associated with Salmond. The keyed option names the pairing of the wider and narrower theories.

The pigeon-hole theory says that there is only a closed list of torts and a wrong outside it is not actionable, which is the opposite of the quoted view. The narrower theory is the same idea under another name. Strictly, the quoted sentence is the wider theory alone, so a reviewer may wish to check the key, but there is no source that would support a different answer than the one the board gave.

Answer: C

A person who commits a tort, violating the legal right of another and thereby doing a wrong directly or indirectly to him, is called a tortfeasor, and the person wronged is the plaintiff in the action for the tort.

Non-tortfeasor is the opposite, a person who has not committed the tort. Independent is not a term used for the wrongdoer, and victim describes the injured person, not the person who commits the wrong.