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Question

_______ is wrong independent of contract for which appropriate remedy is an action for damage in the court of law.

A
Tort
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B
Quasi contracts
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C
Both
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D
None
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Solution

The correct option is A Tort
  • As per the definition given by Salmond, "Tort is a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of contract, or, the breach of trust, or, other merely equitable obligation.” It is different from breach of contract and trust.
  • Under quasi contract a court may impose an obligation without regard to the intent of the parties. When a party sues for damages under a quasi-contract, the remedy is typically restitution or recovery under a theory of quantum meruit.

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