Question
According to which Jurist it is Law of
Torts?Solution
Law of torts theory says that there is no general principle of liability as such but only a definite number of torts as trespass, negligence, nuisance, defamation etc. and the plaintiff has no remedy unless he brings his case under one of the nominate torts. Salmond, propounded that there is no law of tort, but there is law of torts. According to him the liability under this branch of law arises only when the wrong is covered by any one or other nominate torts. There is no general principle of liability and if the plaintiff can place his wrong in any of the pigeon-holes, each containing a labelled tort, he will succeed. This theory is also known as ‘Pigeon-hole theory’. If there is no pigeon-hole in which the plaintiff’s case could fit in, the defendant has committed no tort.
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