65 (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
