mechanism for loss-adjustment). Law had to respond to the interests of expanding industry and the rising middle class and relieving them from the hampering burden of strict liability. You must always remember that the early common law was concerned mainly with intentional wrong-doer and showed little enthusiasm to deal with infliction of
115 inadvertent harm. In the Old common law, causes of action were rigidly defined by reference to the nature of Plaintiff's injury rather than the quality of Defendant's conduct. Industrial Revolutionary Period was also the period of freedom of individual will and enterprise. Tort of Negligence was born out of these scenarios. It is important to grasp at the outset that negligence is not a state of mind, but conduct that falls below the standard regarded as normal or desirable in a given community. Negligence is a basis of liability, not a single nominate tort- some interests are protected against negligent interference, others are not. The Tort of Negligence illustrate the purpose of the law of torts: to adjust societies' losses and to afford compensation for injuries sustained by one person as a result of the conduct of another. law of torts must constantly be in state of flux, since it must be ever ready to recognise and consider new losses arising in novel ways. The tort of Negligence has, in the main, been developed by the courts proceeding from the simple problems of a primitive society to those of our present complex civilisation. For negligence, for purposes of determining which interests are protected and
