šŸ“¢ Too many exams? Don’t know which one suits you best? Book Your Free Expert šŸ‘‰ call Now!


    Question

    Who transformed the idea of the law of "tort" into a

    conceptual tree, suggesting that, like branches of a tree, the law of tort expands with society and cannot be confined to a single space or "holes"?
    A Ashby Correct Answer Incorrect Answer
    B Pollock Correct Answer Incorrect Answer
    C Winfield Correct Answer Incorrect Answer
    D Holt C.J Correct Answer Incorrect Answer
    E Pratt, C.J Correct Answer Incorrect Answer

    Solution

    The idea of law of ā€œtortā€ was taken up by Winfield. This theory proposes that all wrongs be considered a tort and liability should arise out of all if no lawful justification for it can be provided. Here, Winfield had transformed this theory into a tree, saying that as branches of a tree grow and spread out in various directions, similarly law of tort also expands with the society and cannot be confined into a single space or ā€œholesā€. Winfield’s theory also got immense amount of support by various judges. For example, in thecae of Ashby v. White, Holt C.J said that ā€œif a man multiply injuries, actions must be multiplied too so every man who has been injured must be compensated effectively.ā€ Similarly, Pratt, C.J and Pollock also supports this theory of law of tort.Ā 

    Practice Next
    ask-question