3. Negligence—Introduction

This chapter introduces the tort of negligence. It first discusses the formulation of a general duty of care, highlighting the case of Donoghue v Stevenson, which established the pre-eminent role of the ‘duty of care’ concept in the tort of negligence, and using the example of product liability to show how the different elements of negligence interact. The chapter then turns to the role of the duty of care concept in modern negligence law, including how the courts determine whether a duty of care is owed, before considering the relationship between negligence and public law.