Question

"A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation" - Whose Statement is this

• A. Winfield
• B. Salmond
• C. Pollock
• D. Griffith

Hint:

Remember the key elements in juristic definitions of Tort. \textbf{Salmond} based his theory on the "pigeon-hole" idea (law of torts). \textbf{Winfield} proposed a broader theory (law of tort). His definition, by inclusion and exclusion, is considered a classic.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks to identify the author of a famous academic definition of 'tort'. Defining tort is notoriously difficult, so jurists have often defined it by describing its characteristics and distinguishing it from other types of civil wrongs.
Step 2: Detailed Explanation:
The definition provided in the question is one of the most widely accepted and comprehensive definitions of tort. It is attributed to the English academic and jurist, Sir Percy Henry Winfield. Winfield's definition is notable because it defines tort by: \begin{enumerate} \item Stating what it is: a civil wrong. \item Stating its primary remedy: an action for unliquidated damages. \item Stating what it is not: it is distinct from breach of contract, breach of trust, or other equitable obligations. \end{enumerate} Other jurists like Salmond provided a very similar definition, but the precise wording in the question is that of Winfield. Salmond defined it as: "a civil wrong for which the remedy is a common law action for unliquidated damages...". Winfield's definition is generally considered more complete.
Step 3: Final Answer:
This statement is from Winfield.