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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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