Discuss (d) the dual life of wrongs

The standard definition (learn it exactly): a tort is a civil wrong, other than a breach of contract, for which the remedy is an action for unliquidated damages — Winfield's classic formulation: the breach of a duty fixed by law, owed to persons generally, redressed by the damages action. "Unliquidated" is the key: the amount is determined by the court after the wrong, not fixed in advance (the contract's liquidated-contrast). The word: Latin tortus — twisted, wrong (the French wrong family) — the law's name for the private wrongs. The functions (the exam's list — five): Compensation — the victim's restoration (the primary function); Deterrence — the wrong's pricing (the future wrongs' discouragement); Justice — the corrective justice's intuition: the wrongdoer answers; Loss distribution — the insurance-and-deep-pocket realities (the loss spread through the enterprise); Behaviour regulation — the standards' setting (the tort law as the safety regulator).