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In the early 1800's the tort of negligence emerged as a separate category of torts due to the fact that actions in the tort of negligence were increasing significantly during that period.
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In the early 1800's the tort of negligence emerged as a separate category of torts due to the fact that actions in the tort of negligence were increasing significantly during that period. Subsequently, the concept of the imposition of a duty of care in negligence emerged with cases such as Heaven v Pender (1883), and more importantly the case of Donoghue v Stevenson (1932) offered a generalized concept of duty, which could be applied in a variety of circumstances. As a result, it is now a well-accepted fact that duty of care is a prerequisite to a successful negligence claim. (Murphy, 178). In an effort to limit actions involving negligence, the courts devised a series of tests in order to arrive at a conclusion as to what elements are required in order to establish duty of care. However, these tests have been criticized on many different levels. The approaches...
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