Who among the following jurists is the propounder of the ‘Pigeon-hole theory’ in the Law of Torts?
Sir John Salmond is the propounder of the 'Pigeon-hole theory' of tortious liability. According to Salmond, there is no general principle of liability for all unjustifiable…
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Who among the following jurists is the propounder of the ‘Pigeon-hole theory’ in the Law of Torts?
Answer and explanation
Correct answer A
Sir John Salmond is the propounder of the 'Pigeon-hole theory' of tortious liability. According to Salmond, there is no general principle of liability for all unjustifiable harm (hence 'Law of Torts' in the plural); instead, the law consists of a net of specific, named torts (like a set of pigeon-holes), and a plaintiff must fit his claim into one of those recognized pigeon-holes to succeed. By contrast, Sir Percy Winfield advocated the broader 'Law of Tort' theory.
Option feedback
Option A
Correct. Sir John Salmond propounded the 'Pigeon-hole theory' (calling the subject 'Law of Torts'), maintaining that tortious liability exists only where a wrong falls within one of a definite number of nominated pigeon-holes (specific recognized torts), each labeled with its own rule of liability.
Option B
Incorrect. Sir Frederick Pollock supported the wider unity theory that all unjustifiable harm is tortious (akin to Winfield's 'Law of Tort' approach), not the Pigeon-hole theory.
Option C
Incorrect. Sir Percy Winfield propounded the competing 'Law of Tort' (unity) theory that every injury done to another person is a tort unless there is some justification recognized by law.
Option D
Incorrect. Lord Macmillan was a Law Lord renowned for his speech in Donoghue v. Stevenson [1932] AC 562 ('the categories of negligence are never closed'), not the propounder of the Pigeon-hole theory.
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