Question:
Liability in tort depends upon:
Liability in tort depends upon:
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Always distinguish between 'injury' (violation of a legal right) and 'damage' (actual loss suffered) when analyzing tortious claims.
Updated On: Jun 5, 2026
- Quantum of damages suffered
- Involvement of intention
- Infringement of legal right
- Effect on public interest
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The Correct Option is C
Solution and Explanation
Concept:
The law of torts is based on the maxim *Injuria sine damno* (injury without damage) and *Damnum sine injuria* (damage without injury). It dictates that liability arises only when a recognized legal right has been violated, regardless of whether there was substantial physical or financial harm.
Step 1: Analyzing the core element of tortious liability.
In tort law, the mere occurrence of damage is not sufficient. The damage must be a result of the violation of a legal right (an 'injury'). If a legal right is not infringed, there is no tort, even if significant damage has occurred.
Step 2: Evaluating the role of intention.
While intention (malice) may be relevant in some specific torts, it is not a universal requirement for tortious liability; many torts, such as negligence, arise without any specific intent to harm.
Step 3: Conclusion.
Liability fundamentally hinges upon the infringement of a legal right (the violation of a protected interest), which is the essential ingredient for an action in tort. equation Foundation of Tortious Liability = Infringement of legal right equation center Infringement of legal right center
Step 1: Analyzing the core element of tortious liability.
In tort law, the mere occurrence of damage is not sufficient. The damage must be a result of the violation of a legal right (an 'injury'). If a legal right is not infringed, there is no tort, even if significant damage has occurred.
Step 2: Evaluating the role of intention.
While intention (malice) may be relevant in some specific torts, it is not a universal requirement for tortious liability; many torts, such as negligence, arise without any specific intent to harm.
Step 3: Conclusion.
Liability fundamentally hinges upon the infringement of a legal right (the violation of a protected interest), which is the essential ingredient for an action in tort. equation Foundation of Tortious Liability = Infringement of legal right equation center Infringement of legal right center
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