Q112
The liability for Tort arises on: 1. Violation of a right in rem. 2. Violation of a right in personam 3. Breach of a legal duty 4. Breach of an equitable obligation. Select the correct answer using the given below:
A.
1 only
B.
1 and 3
AnswerC.
2 and 3
D.
3 and 4
Answer: Option B
Solution
Answer: Option B
Solution:
Liability in Tort arises when there is a violation of a right in rem (a right against the world at large) and a breach of a legal duty. Right in rem refers to a right enforceable against everyone, such as the right to personal safety or property. If this right is violated, the injured party can seek remedies under tort law.
Breach of a legal duty occurs when a person fails to fulfill a duty imposed by law, resulting in harm to another party. This is a fundamental principle of tort law.
Why Not the Other Options?
Option A: 1 only – While the violation of a right in rem is an essential aspect, it is not the sole criterion for tort liability. A breach of legal duty is also necessary.
Option C: 2 and 3 – A right in personam (a right enforceable against a specific person) is associated with contract law rather than tort law. Therefore, this option is incorrect.
Option D: 3 and 4 – Breach of an equitable obligation is relevant to equity and trust law, not tort law, making this option incorrect.
Thus, Option B (1 and 3) is the correct answer as it correctly identifies the grounds for liability in tort.