The Boundaries of Negligence

Abstract

Almost seventy years after the seminal decision of the House of Lords in Donoghue v. Stevenson, the boundaries of negligence are still as blurred as ever. Some of the vagueness surrounding this tort is inescapable. It is an unavoidable price paid for the reliance on abstract, open-ended, amorphous, and incoherent notions. Indeed, there is no universal agreement even as to the meanings to be attached to the various components of this tort, such as the "reasonable person," proximity, and reliance. The boundaries of negligence are determined particularly through the filter of the duty of care. This article discusses the development of the concept of duty of care and the nature of negligence as analyzed through the prism of this duty.