The Emergence Of The Tort Law Of Negligence

The Tort Law of Negligence is the important part in the modern theory of TortLaw in England. It was established in the famous case of Donoghue v.Stevenson in1932, after the case of Donoghue v.Stevenson, the rule of negligence had changed thecontent of the Tort Law in England. In this paper, I would focus on the case ofDononghue v.Stevenson, and supply with the relevant case and the discussion ofhistory data, so that I could sum up the emergence of The Tort Law of Negligence inUK, and reveal the content and characters of The Tort Law of Negligence. This paperwould be divided into the following sections:The first part would describe The Tort Law of Early England and The System ofWrit, especially the Form of Action relevant to The Tort Law of Negligence, I woulddiscuss the System of Trespass and the Trespass On The Case by suppliment ofrelevent case and historic data. Through this section, I would strive to master of TheTort Law of Early England.The second part would focus on the background of the Tort Law in19and20century, especially the dilemma between The Tort Law and the case of defectiveproduct in UK, and generize the change of the meaning of the duty of care. In additon,the emergence of the concept of negligence was helpful also.Through this section,wewould find the necessity of The Tort Law of Negligence in UK.In the third part, in order to make readers have a comprehensive understanding ofnegligence, I would state the case of Donoghue v.Stevenson, especially analyse the decision of the case of Donoghue Stevenson made by the House of Lords. Thedecision contained statements made by five Lords, and it showed their reasoningabout the case of Donoghue v.Stevenson. Through this part,I would try to reveal thereasoning of establishing the rule of negligence by analysis of the case, in additon, Iwould state three basic problems in the case of Donoghue v.Stevenson.In the forth part, I would have to introduce the value of the case of the Donoghuev.Stevenson and The Tort Law of Negligence, the case had make a deep impression onthe development of Tort Law in UK during20centery, and the rule of negligence waswidely applied in UK.Through this paper, I would try to state the evolution of The Tort Law ofNegligence in UK and analyze the significance of the case of Donoghue v.Stevensonand The Tort Law of Negligence.