Question

Right not to be subjected to tort is available against

• A. State alone
• B. Persons specifically undertaking duties
• C. the whole world
• D. persons in close relation

Hint:

Torts protect "rights in rem" (against the world), whereas Contracts protect "rights in personam" (against specific parties).
This is a fundamental distinction in civil law.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks for the nature and scope of the legal rights protected under the Law of Torts (i.e., whether they are rights in rem or rights in personam).

Step 2: Key Principles and Statutory Provisions:
This involves the fundamental distinction between a right in rem (available against the world at large) and a right in personam (available only against a specific individual or party).

Step 3: Detailed Explanation and Analysis:

• A tort is a civil wrong that involves the breach of a duty imposed by the general law (not by a private contract).

• The duties in tort are owed to people generally.
Correspondingly, every person has a right not to be subjected to a tort (such as trespass, defamation, or negligence).
This right is a right in rem.

• A right in rem is available against "the whole world".
This is in contrast to contract law, where rights are created by agreement and are only available against the specific contracting parties (rights in personam).

• Therefore, your right not to have your reputation defamed or your property trespassed upon is a right you hold against everyone in the world.

Step 4: Final Answer:
The right is available against the whole world, making Option C the correct answer.