Tortious liability arises from the breach of a duty primarily fixed by the law: such duty is towards persons generally and its breach is compensated by an action for unliquidated damages.
• Theory 1: By Winfield – Law of Tort – General Liability: all injuries done to another person are torts, unless there be some justification recognized by the law
• Theory 2: By Salmonds – Pigeon Theory – Law of Torts: there is a definite number of torts (assault, battery, defamation) outside which liability in tort does not exist
Case Law:
Rougher, J., described in the case of John Munroe (Acrylics) Ltd. v. London Fire and Civil Defence Authority, “It is truism to say that we live in the age of compensation. There seems to be a growing belief that every misforture must, in pecuniary terms at any rate, be laid at someone else’s door, and after every mishap, the cupped palms are outstretched for the solace of monetary compensation.”
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