Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Topics of Law

Question:

Assertion (A): The rules of tort law have been developed not from a statute or an act passed by the Parliament, but from centuries of judicial decisions.
Reasoning (R): There is no specific tort law in India.

Options:

Both A and R are correct and R is the correct explanation of A.

Both A and R are correct and R is not the correct explanation of A.

A is correct but R is false.

A is false but R is correct.

Correct Answer:

A is correct but R is false.

Explanation:

Torts are mostly a common law subject; it is common law in the sense that tort law or the rules of tort law developed not from a statute or an act passed by the Parliament, but from centuries of judicial decisions - case by case in English courts as well as in courts of other countries following common law system like India and the United States of America. In other words, for example, in India, both criminal law and contract law are based on statute laws like the Indian Penal Code and the Indian Contract Act respectively; however, there are no statutes that comprehensively deal with tort law as a separate area of law. A contract lawyer would look up the Contract Act to look for rules to be applicable in a given fact situation. A tort lawyer would look for rules as developed by courts in similar cases. However, there are couples of areas of tort law where countries have enacted statute laws. In India for instance, automobile accidents as well as harms caused to consumers of goods and services are covered by the Motor Vehicle Act of 1988 and the Consumer Protection Act of 1986 respectively. What this means is that if a case involves a car accident or injury due to defective products or deficiency in services the set of rules of the respective statutes apply.