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@article{171156,
        author = {OM PRASAD TRIPATHY and Mrs. Ipsita Acharya and Mr. Subham Kumar Sahu and Mr. Ambarish Mangaraj},
        title = {The Tree Analogy of Theory of Torts},
        journal = {International Journal of Innovative Research in Technology},
        year = {2024},
        volume = {11},
        number = {7},
        pages = {2975-2982},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=171156},
        abstract = {The Theory of Torts has been shaped significantly by two contrasting approaches: Salmond's Pigeonhole Theory and Winfield's Theory of Tort. Salmond’s Pigeonhole Theory adopts a restrictive approach, asserting that tortious liability arises only if the wrongful act fits into a predefined, recognized category of torts. According to this view, there is no general principle of liability; rather, a plaintiff must identify a specific “pigeonhole” or established tort into which the act fits. On the other hand, Winfield's Theory of Tort takes a broader and more liberal approach, suggesting that tort law is an ever-expanding field based on the principle that all unjustifiable harm is actionable unless explicitly excluded by law. Winfield advocates for a general principle of liability where every wrongful act causing harm can be a tort, unless there is a valid justification or defense. These two theories highlight the dynamic nature of tort law—Salmond’s theory emphasizing the need for structure and certainty, while Winfield’s theory focuses on flexibility and the law’s ability to adapt to societal changes. The ongoing interplay between these perspectives reflects the balance between legal predictability and the evolving needs of justice in addressing civil wrongs.},
        keywords = {},
        month = {December},
        }