ABSTRACT
The development of a general test for establishing the existence of a duty of care The modern tort of negligence begins with Lord Atkin’s groundbreaking judgment in Donoghue v Stevenson [1932] AC 562. A new approach was necessary in the case because no other action was available. The judgment is important not just for the decision itself, or only for identifying negligence as a separate tort in its own right, but also for devising the appropriate tests for determining whether negligence has actually occurred.
