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.

... 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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