Question

Damages in tort are

• A. Pre-determined always
• B. Unliquidated
• C. Liquidated
• D. Based on contract

Hint:

The primary remedy for a tort is always unliquidated damages.
If the damages are pre-determined by an agreement, the action is likely based on breach of contract, not a tort.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks for the legal classification of the damages awarded in tort actions (i.e., whether they are liquidated or unliquidated).

Step 2: Key Principles and Statutory Provisions:
This involves the definitions of:
1. Liquidated damages: A pre-determined, pre-estimated sum of money agreed upon by parties in a contract to be paid in case of a breach.
2. Unliquidated damages: Damages that are not pre-determined but are assessed and determined by a court of law at its discretion based on the facts of the case.

Step 3: Detailed Explanation and Analysis:

• A classic definition of a tort (provided by Winfield) states: "Tortious liability arises from the breach of a duty primarily fixed by law... such duty is towards persons generally and its remedy is an action for unliquidated damages."

• In torts, the parties are usually strangers before the wrong occurs (e.g., in a road accident).
Thus, there is no prior agreement or contract to pre-determine the compensation.

• When a tort occurs, the court must hear the evidence and use its judicial discretion to calculate a fair sum to compensate the victim for pain, suffering, financial loss, and medical bills.
Therefore, damages in tort are always unliquidated.

Step 4: Final Answer:
Damages in tort are unliquidated, making Option B the correct answer.