📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 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 “tort” 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 “holes”. 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 “if a man multiply injuries, actions must be multiplied too so every man who has been injured must be compensated effectively.” Similarly, Pratt, C.J and Pollock also supports this theory of law of tort. 

    Practice Next
    More Administrative Interpretation and Maxims Questions

    Relevant for Exams:

    ask-question