The effect of this case was to establish a general concept of liability for negligent conduct, a tort of negligence. Shortly afterwards, Lord Wright could say:

doi:10.4324/9781843140504-56

Chapter

The effect of this case was to establish a general concept of liability for negligent conduct, a tort of negligence. Shortly afterwards, Lord Wright could say:

ABSTRACT

In strict legal analysis, negligence means more than heedless or careless conduct, whether in omission or commission; it properly connotes the complex concept of duty, breach and damage thereby suffered by the person to whom the duty was owing [Lochgelly Iron and Coal Co v M’Mullan].5