Q. “In tort, the plaintiff wins his case only when he proves as to what particular tort the defendant has committed against him.” Examine. (20)
[2006/Law I/1(d)]
Answer Approach:
•This question requires us to ‘examine’. Thus we need to discuss about Salmond’s pigeon-hole theory in detail and thereafter discuss about how Winfield’s Unity theory tries to overcome the criticisms and shortcomings of Salmond’s theory.
•Introduction: Briefly mention that the statement of the question refers to Salmond’s Pigeon-Hole theory and also include a brief explanation of it.
• Main body: Explain Salmond’s theory in detail – meaning, basis,scope, supporters and criticism. Thereafter briefly discuss about Winfield’s theory and its supporters.
• Conclusion: Conclude on a balanced and practical note.
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