"..the history of negligence is a skein of threads, most of which are fairly distinct, and no matter where we cut the skein we shall get little more than a bundle of frayed ends". Embryonic Negligence The little aspects (embryonic) of negligence, developed in connection with the amorphous action on the case but its impact was little and far apart. The earliest illustrations of what is now known as tortious negligence are found: [I] In the liability of those professed in "Common" calling like: (a) Artificers (or artisan) - skilled workman or mechanic; (b) Inn keepers who entertained and accommodated travellers and passengers, for instance providing lodging, food and deep their vehicles; (c) Carriers and transporter of goods or passengers; (d) Surgeons; and (e) Attorneys - an old English word of one who is appointed by another to do something for him in his absence. These were people holding themselves out to the public as competent to pursue their profession. They were required to conform to the standard of reasonable skill and proficiency on pain of having to pay for any harm resulting from negligence.
107 [II] The action on the case for negligence emerged during the formative period of the common law in a limited number of situations where a Defendant could be held responsible for loss caused by negligence which would not have been actionable by the WRITS OF TRESPASS or NUISANCE. Such an early concept of duty to take care was recognised where a person had assumed control of
