does not exist. They say that the Law of Torts in fact can be collected into specific pigeon holes bearing such names as Assault, Battery, False Imprisonment, Negligence, Nuisance, Libel, Slander, Occupiers' Liability, etc. Thus, according to pigeon hole school, I can injure my neighbour as much as I like, without fear of his suing me in tort provided my conduct does not fall under the existing torts (pigeon holes) such as Assault, Battery, Deceit, slander, etc. Arguments Put For the General Principle on Foundations of Tortious Liability (i) All injuries done to another are Torts unless there is some justification recognised by the law; (ii) Under the general theory of Tortious Liability, if I injure my neighbour he can sue me in tort whether the wrong happens to have a particular name like Assault, Battery, Deceit, Slander or whether it has no special title at all; (iii) Courts have full powers to create new Torts (with judicial caution) and in the process extend the law of Torts without any baptismal ceremony for each extension.
55 (iv) no Court has sent away a Plaintiff empty-handed in any action in Tort simply because the action was a new one and does not fit into any of the so called existing pigeon holes. Professor Winfield cites examples of cases of first impression and argues that there is no reported case which decided that the action was not allowed because it was new: "If the judges thought that a new remedy was necessary, they invented it, unless the invention of it would have