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Which statements form part of Winfield's classic definition of tortious liability? It arises from breach of a duty primarily fixed by law. The duty is owed to persons generally. Breach may be…

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Which statements form part of Winfield's classic definition of tortious liability?

  1. It arises from breach of a duty primarily fixed by law.
  2. The duty is owed to persons generally.
  3. Breach may be redressed by an action for unliquidated damages.
  4. The parties predetermine the amount of damages.

  1. 1, 2 and 4

  2. 1, 2 and 3

  3. 2, 3 and 4

  4. 1, 3 and 4

Answer and explanation

Correct answer: B - 1, 2 and 3

Winfield's definition identifies a duty primarily fixed by law, owed to persons generally and redressable by an action for unliquidated damages. Unliquidated damages are assessed rather than fixed in advance by agreement.

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