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      Question

      In case of a continuing

      tort-
      A There is no limitation Correct Answer Incorrect Answer
      B There is continuing limitation Correct Answer Incorrect Answer
      C There is fresh period of limitation at every moment. Correct Answer Incorrect Answer
      D There is fresh period of limitation at every moment after the breach ceases. Correct Answer Incorrect Answer
      E There is fresh period of limitation while the breach continues. Correct Answer Incorrect Answer

      Solution

      In the case of a continuing tort , the wrongful act or injury continues over a period of time, rather than being a singular event. According to the Limitation Act, 1963 :

      • Each wrongful act constitutes a fresh cause of action .
      • Therefore, the period of limitation starts anew from the date of each wrongful act .
      • This means a fresh period of limitation runs at every moment  as the tort continues.
      Statutory Reference: While the Limitation Act, 1963 does not explicitly define "continuing tort," this principle is well-established under Section 3 (computation of period of limitation) and through judicial interpretation.

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