concentate on the History and Development of the Tort of Negligence. In the First Topic in Unit Two we shall concentrate on the elements and practical application of the Tort of Negligence. The word "Negligence" has two meanings in law of torts: (1) Negligence as a mode of committing certain torts, e.g. negligently or carelessly committing trespass, nuisance or defamation. In this contexts it denotes the mental element. (2) Negligence is considered as a separate tort. It means a conduct which creates a risk of causing damage, rather than a state of mind. Our concern in here is NEGLIGENCE as a distinct Tort. Negligence may be defined as an act or omission which constitutes a breach of a duty of care owed to another person by the person who acts or fails to act and which causes that other person to suffer harm. Elements in Negligence which must be established if Plaintiff wants to succeed are: (a) Duty of care (owed by the defendant to the plaintiff) (b) Breach by the defendant of the duty of care (c) Causing Loss and Damage to the Plaintiff. We shall in the FIRST TOPIC of UNIT TWO of this Study Manual look more closely at each of the three elements making up the Tort of Negligence.
102 Up to 19th century, Common Law was dominated by Intentional Torts. In the twentieth Century, Common Law has been dominated by the Tort of negligence. Historically, the Tort of Negligence is a response of the Law of Tort to changing socio-economic conditions in English society subscribed by the Industrial Revolution. Intentional Torts we covered in Topic Two could adequately serve
