Question:
Who subscribed to the theory that ``there is no Law of Tort, but there is a Law of Torts''?
Who subscribed to the theory that ``there is no Law of Tort, but there is a Law of Torts''?
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Classic Debate in Tort Law:
• Salmond = ``Law of Torts'' (Closed system of recognized torts).
• Winfield = ``Law of Tort'' (Open and expanding system).
Mnemonic: \[ \text{Salmond} \rightarrow \text{Specific Torts} \] \[ \text{Winfield} \rightarrow \text{Wide Principle} \]
• Salmond = ``Law of Torts'' (Closed system of recognized torts).
• Winfield = ``Law of Tort'' (Open and expanding system).
Mnemonic: \[ \text{Salmond} \rightarrow \text{Specific Torts} \] \[ \text{Winfield} \rightarrow \text{Wide Principle} \]
Updated On: Jun 5, 2026
- Pollock
- Winfield
- Salmond
- Anson
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Verified By Collegedunia
The Correct Option is C
Solution and Explanation
Concept:
Legal scholars have debated whether tort law consists of a single general principle of liability or a collection of separate recognized wrongs.
Step 1: Understand Salmond's view. Sir John Salmond proposed the famous ``Pigeon-hole Theory.'' According to him, the law recognizes only specific torts such as assault, negligence, nuisance, trespass, and defamation.
Step 2: Explain the theory. A plaintiff must fit the injury suffered into one of these established categories. If the harm does not correspond to an existing tort, no legal remedy exists. Therefore, Salmond argued that there is not one general Law of Tort but rather a collection of individual Laws of Torts.
Step 3: Contrast with Winfield. Winfield believed tort law is broader and flexible, allowing courts to recognize new torts whenever unjustifiable harm occurs. Thus, the quoted statement is associated with Salmond. Therefore, Option (C) is correct.
Step 1: Understand Salmond's view. Sir John Salmond proposed the famous ``Pigeon-hole Theory.'' According to him, the law recognizes only specific torts such as assault, negligence, nuisance, trespass, and defamation.
Step 2: Explain the theory. A plaintiff must fit the injury suffered into one of these established categories. If the harm does not correspond to an existing tort, no legal remedy exists. Therefore, Salmond argued that there is not one general Law of Tort but rather a collection of individual Laws of Torts.
Step 3: Contrast with Winfield. Winfield believed tort law is broader and flexible, allowing courts to recognize new torts whenever unjustifiable harm occurs. Thus, the quoted statement is associated with Salmond. Therefore, Option (C) is correct.
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