Question

Pigeon Hole theory was proposed by

• A. Winfield
• B. Salmond
• C. Black Stone
• D. Lord Knight

Hint:

For the Law of Torts, remember the two foundational theories: Salmond's theory is "Law of Torts" (plural, meaning a collection of specific torts like pigeon-holes). Winfield's theory is "Law of Tort" (singular, meaning a general principle of liability for all unjustifiable harm).

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks to identify the jurist who proposed the "Pigeon-Hole Theory" in the Law of Torts. This theory is one of two fundamental views on the nature and scope of tortious liability.
Step 2: Detailed Explanation:
The two opposing theories are:
1. Salmond's "Pigeon-Hole" Theory: Sir John Salmond was the main proponent of this theory. He argued that there is no general principle of liability. Instead, there is a definite number of specific, named torts (like assault, battery, negligence, defamation, etc.), which he likened to "pigeon-holes." A plaintiff's claim will only succeed if the facts of their case can fit into one of these existing pigeon-holes. If no specific tort can be found, there is no remedy. This is summarized as the "Law of Torts" (a collection of specific torts).
2. Winfield's Theory: In contrast, Sir Percy Winfield argued that there is a general principle of liability. He stated that every unjustifiable harm is a tort unless there is a specific legal justification for it. His view is summarized as the "Law of Tort" (a single, unified concept).
The "Pigeon Hole" theory is thus famously associated with Salmond.
Step 3: Final Answer:
The Pigeon Hole theory was proposed by Salmond.