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Law of Tort- Tutorial no.1 Duty of care "The categories of negligence are never closed". [Lord Macmillan in Donoghue v. Stevenson- (1932)] The tort of negligence is a relatively recent phenomenon, which has come to become the most dynamic and rapidly changing areas of liability in modern law. Lord Macmillan's assertion that " the categories of negligence are never closed" suggests how courts possess the power to expand the area of liability by bringing in new duty situations as a result of new set of facts coming is everyday. As it is difficult to define negligence in simple terms, it can be said that the 'neighbour' principle for duty of care, remains within its wider social context one of the most important elements of negligence. The courts had always been reluctant to provide remedy for claims where there was no contract between the claimant and the defendant in respect for policy consideration. The main reason...

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