Liability, Occupiers' Liability, etc] and if an injury cannot be fitted into one of these pigeon holes, plaintiff will not have a remedy in Tort; (iv) Edward Jenks, Esq., has argued in support of the pigeon hole theory by stating that early textbooks of English Law, being more with remedies than with general principally make the Remedies their basis of classification. These known Remedies are known and definite in number; 23 (v) I am sure you recall definition of Tort offered by Winfield to the effect that Tortious Liability is breach of a duty primarily fixed by the law; this duty is towards persons generally; and its breach is redressible by an action for unliquidated damages. Edward Jenks takes objection to the definition of Tort offered by Prof. Winfield include every member of the subject class and excludes every non-member. Jenks is of the view that definition of Tortious 23
.Edward Jenks, Esq., The Province of Tort in English Law, Vol. 1 4 Nos. 1-4 (1 932) Journal
of Comparative Legislation and International Law 207.
61 liability furnished by Winfield does not cover all the Torts. That if Winfield's definition is applied, then, argues Edward Jenks, Seduction, Obstruction of Public Highway and Rule in Rylands Vs. Fletcher will not be Torts. For they can only be vindicated by certain very limited classes of persons; (b) Winfield's definition is purely procedural. It does not tell us what a Tort is. It merely tells us how a Tort may be vindicated. And this, though a matter of importance to lawyers, is a matter of indifference to the layman. The interest of
