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(c) Neither School has shown that there is any general rule whether of liability of
non-liability to cover new cases that have not received the attention of the
courts;
(d) In cases of First impression, there is no ultimate principle directing the Court
to find for one party or the other. The novelty of the case not being a reason for
favouring either side. The Court is at liberty to decide, and does decide on
reasons that are extra legal.
(e) Present heads of liability or non liability are not fixed and immutable but,
there is no comprehensive theory of liability there is simply a wide and
expansive theory.
Distinction between Tort and Other Forms of
Liability
Tort is a Civil Wrong. Unlike in a criminal wrong, in a civil action, the plaintiff
institutes civil proceedings against the wrong doer, i.e. the Defendant. In such a
case the main remedy is damages. In the case of criminal wrong, criminal
proceedings against the accused are brought by the state. Moreover in a
criminal case, the victim of the crime i.e. the sufferer, is not compensated
(except in very exceptional criminal compensations). Justice is administered by
punishing the wrongdoer in such a case. It is however, possible that the same
act done by a person may result in two wrongs, a crime as well as a tort, at the
same time. In such a case both the civil and criminal remedies would
concurrently be available. There defendant to pay compensation as well as a
criminal action awarding punishment to the wrong doer.
Tort is redressible by an action for unliquidated damages: Damages is the most
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