Analysis of Tort Cases

The discussion of any problem of law must begin with theassumption that it can be adequately handled by some acceptedlegal theory, or that it can be made to submit to somesuch theory yet to be designed. An adequate workinghypothesis is as necessary to a legal science as to any otherscience. Needless to say there has been no comprehensivesystem of legal theory designed to take care of all the problemswhich arise under government. Any system which theremay be is made up of numerous fragmentary parts, eachfashioned to handle a particular group of problems, andeven these larger parts are made up of still smaller fragments.For instance, there are groups of contract problems,agency problems, corporation problems, tort problems, buteach one of these groups is controlled by a conglomerate oftheories rather than by a single theory. Difficulties and misunderstandingsarise largely out of the clashings and contradictionsof a multitude of helter-skelter theories improvisedfor the day and perpetuated to plague legal scienceindefinitely