Question:
The violation of which of the given rights leads to an action in torts?
The violation of which of the given rights leads to an action in torts?
Show Hint
Think of it this way:
- Tort = Breach of a duty/right *in rem* (imposed by law, owed to society generally).
- Contract = Breach of a right *in personam* (imposed by mutual consent, owed to specific parties).
Updated On: Jun 29, 2026
- Rights per se
- Rights in rem
- Rights in personam
- Rights ad finitum
Show Solution
Verified By Collegedunia
The Correct Option is B
Solution and Explanation
Concept:
A tort is a civil wrong independent of a breach of contract or breach of trust, for which the primary remedy is an action for unliquidated damages. To understand which legal right forms the foundation of tortious liability, we must evaluate the distinction between rights *in rem* and rights *in personam*.
Step 1: Defining Right in rem versus Right in personam.
*
Right in rem: A right available against the entire world at large. Examples include your right to personal liberty, your right to safety, and your right to peaceful possession of your private property. No random citizen has a right to trespass on your land or defame your character. *
Right in personam: A right available only against a specific, identifiable individual or group of individuals. This typically arises out of a private consensus or contract. For instance, if Party A enters into a contract to buy a car from Party B, Party A's right to demand delivery is enforceable strictly against Party B, not against the entire world.
Step 2: Connecting the concepts to the Law of Torts.
The law of torts protects general rights that are automatically conferred upon every individual by the law of the land, independent of any prior agreement. For example: * Negligence violates a person's right to safety. * Trespass violates a person's right to possession of property. * Defamation violates a person's right to reputation. Since these rights are held against the world at large, they are fundamentally rights in rem. If a person violates a right *in personam*, the appropriate legal remedy is an action for breach of contract or breach of trust, rather than an action in torts.
Step 1: Defining Right in rem versus Right in personam.
*
Right in rem: A right available against the entire world at large. Examples include your right to personal liberty, your right to safety, and your right to peaceful possession of your private property. No random citizen has a right to trespass on your land or defame your character. *
Right in personam: A right available only against a specific, identifiable individual or group of individuals. This typically arises out of a private consensus or contract. For instance, if Party A enters into a contract to buy a car from Party B, Party A's right to demand delivery is enforceable strictly against Party B, not against the entire world.
Step 2: Connecting the concepts to the Law of Torts.
The law of torts protects general rights that are automatically conferred upon every individual by the law of the land, independent of any prior agreement. For example: * Negligence violates a person's right to safety. * Trespass violates a person's right to possession of property. * Defamation violates a person's right to reputation. Since these rights are held against the world at large, they are fundamentally rights in rem. If a person violates a right *in personam*, the appropriate legal remedy is an action for breach of contract or breach of trust, rather than an action in torts.
Was this answer helpful?
0
0
Top PU LLB Legal Studies Questions
- The Supreme Court of India tenders legal advice to the President of India when:
- Lok Adalats have been created under:
- Originally Supreme Court consisted of a Chief Justice and:
- Choose the correct answer based on the following statements-
1. All void contracts are not necessarily illegal.
2. All illegal contracts are void. - A contract will still be a valid contract if it is:
View More Questions
Top PU LLB Law of Torts Questions
- Which of the following is both a tort as well as a crime?
- “Tort” as a legal term, derived from the Latin word tortum, belongs to which of the following linguistic origins?
- A person who, without having any interest in the subject matter of a civil proceeding, provides pecuniary assistance or support to a party under an agreement that he shall receive a share in the proceeds of the litigation, is guilty of?
- X and Y are on a morning walk with their dogs. Y’s dog is ferocious. Z is also on a morning walk. The dogs of X and Y suddenly start fighting and approach Z. Frightened by the dogs, Z tries to step aside and is injured in the process. In this situation, Z can file a suit against whom?
- What is the correct meaning of the legal maxim “Ex turpi causa non oritur actio”?
View More Questions
Top PU LLB Questions
- Which one of the following is not a theme of the government initiative Azadi Ka Amrit Mahotsav?
- Mithali Raj recently became the first female cricketer to win which of the following awards?
- Which institution released the report titled 'Tobacco: Poisoning Our Planet'?
- Operation 'Rakth Chandan' was associated with which institution?
- Which Indian state is the first to conduct statewide Lok Adalat through video conferencing?
View More Questions