8 , Professor Jenks 9 , Mr. Landon and Dr. Stallybras 10 were of the considered view that Law of Tort consisted of a number of specific rules prohibiting certain kinds of harmful activity and leaving all residue outside the sphere of legal responsibility. Fundamental General Principle The proponents of this school of thought maintain that all injuries done to 4
.Frederick Pollock, Law of Torts, 1 Edition [pages 21-23], 1 3rd Edition [pages 1-2, 6, 20-23,
450]; (1902) 22 Law Quarterly Review 118; (1910) 26 Law Quarterly Review 421; (1927) 43 Law
Quarterly Review 149; (1931) 47 Law Quarterly Review 589.
5
.(1902) 18 Law Quarterly Review 4.
6
.(1927) Col. Law Review 1; Province of Law (1931) pages 32-39; Textbook on Law of Tort (1937)
pages 15-21.
7
.See Glanville Williams, `The Foundations of Tortious Liability', Volume 7 (1939-41) C.L.J.
111.
8
.Digest of English Civil Law, 2nd Edition, 1, 545.
9
.(1932) 14 Journal of Comparative Legislation, 3rd Ser. 209.
10
.(1931) 8 Bell Yard 25.
54 another person are torts, unless there is some justification recognised by law. This is the unitary theory as to foundations of tortious liability. The theory is to the effect that if injured, plaintiff can sue the defendant and it will not matter whether the tort has a name like Assault, Battery, Deceit, or Slander. Law of Tort as specific rules prohibiting certain kinds of conduct This is a pigeon-holes theory of tortious liability. Proponents of this school maintain that there is a definite number of Torts outside which liability in Tort
