In the classical English tort-law literature of the early twentieth century, who defined a tort as a…
This is Salmond’s formulation. It identifies a characteristic common-law remedy and distinguishes a tort from a wrong consisting solely of a breach of contract, trust or…
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In the classical English tort-law literature of the early twentieth century, who defined a tort as a civil wrong remediable by a common-law claim for unliquidated damages, excluding a wrong that consists exclusively of breach of contract, breach of trust or another equitable obligation?
Answer and explanation
Correct answer B
This is Salmond’s formulation. It identifies a characteristic common-law remedy and distinguishes a tort from a wrong consisting solely of a breach of contract, trust or other equitable obligation.
Option feedback
Option A
The stated formulation is attributed to Salmond. Clerk and Lindsell are associated with a separate treatise.
Option B
Salmond’s definition combines unliquidated damages with the exclusion of wrongs that are exclusively contractual or equitable.
Option C
The historical formulation is Salmond’s, rather than Pollock’s.
Option D
Winfield’s formulation is characteristically framed around the breach of a duty imposed by law and owed to persons generally.
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