the layman, argues Jenks, is to know whether he can get a remedy for a loss inflicted on him. (vi) P.A. Landon subscribes to the Pigeon Theory as the basis of Liability in Tort. 24 He analyses Winfield's definition of Tortious Liability and argues that the House of Lords has rejected Winfield's School and has adopted the Pigeon Theory school as a basis of Tortious Liability. Landon contends that the Court of Appeal of England, under the influence of Bowen, LJ. got dangerously near the view that all damnum (injury) is actionable unless it is justifiable. This was also the view of Winfield and his contemporaries of the general theory of Tortious Liability. But the House of Lords, argues Landon, reverted to the historical basis of the law in Mayor of Bradford Vs. Pickles 25 and Allen Vs. Flood. 26 House of Lords, continues Mr. Landon, lay down once and for all the rule that the Plaintiff must bring his case under some definite head of Tort before the defendant can be called on to reply. This ruling, according to Mr. Landon, 24
.P.A. Landon, The Province of the Law of Tort By Percy H. Winfield, The Bell Yard, November 1
931, No. VIII 1 9.
25
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26
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62 confirms that Law of Tort is made up of definite heads of Tort and is not based on general theory. READ: (i) Foundations of Tortious Liability, Vol. 27 CLJ 1-11 (ii) Vol. 40 (1924) Law Quarterly Review 164;
