Question

Liability in tort depends upon

• A. quantum of damages suffered
• B. involvement of intention
• C. infringement of legal right
• D. effect on public interest

Hint:

- Torts are civil wrongs based on the violation of legal rights.
- Actual damage is not always necessary—breach of a right itself is actionable.
- Common examples: trespass, defamation, nuisance.

Answer 1

The Correct Option is C

In tort law, liability is primarily based on the infringement of a legal right, regardless of actual damage.
- A person can be held liable even if no physical damage occurred, as long as a legal right is violated (known as actionable per se).
- Option A is incorrect because quantum of damage is relevant for compensation, not establishing liability.
- Option B is incorrect because intention is not always required (e.g., negligence).
- Option D (public interest) is relevant in constitutional law or PIL, not torts.