. 4 Understand the law of negligence. (b) Prof. Winfield : The tort of negligence as firstly established by Lord Atkin through the ‘neighbour principle’ in the case of Donoghue v Stevenson , laid out that we owe a general duty of care to those around us. just meant 'carelessness'. The only safe rule is to confi ne the right to recover to those who enter into the contract; if we go one step beyond that, there is no reason why we should not go fi fty. . Blyth Vs. Biringham Water Works Co. in this case Baron Alderson defined "Negligence is the commission to do something, which a reasonable man guided upon those considerations, which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do". Alderson B in Blyth v Birmingham Waterworks Co (1856) said ' Negligence is the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do Cont The basic question to be answered is whether the D's conduct fell below the standard of care which is expected of the reasonable man. Blyth v Birmingham Waterworks (1856) 11 Exch 781. - Baron Alderson This quote applies to all of negligence and it introduces us to the 'reasonable man' test. It was in the sense of 'carelessness' that Alderson B. gave his well-known definition of 'negligence' in Blyth v. Birmingham Waterworks Co. ( 1856)s : Negligence is the omission to do something which a … 784) the gist of the action is “doing or omitting to do something” and that “something” may be anything which a reasonable man would do or omit to do. 2.1 Introduction. An action in case was brought before Alderson, B. at the 1836 Somersetshire Summer Assizes, the declaration alleging that “the defendant was guilty of great breach of duty,” violation of warranty, ... B. Priestley v. Fowler as a Negligence Action. . Alderson B said" Negligence is the omission to do something which a reasonable man, guides upon those considerations which ordinarily regulate the conduct of human affairs , would do, or doing something which a prudent and reasonable man would not do. Blyth v Birmingham Waterworks Co [1856]: “Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human Winterbottomv Wright (1842) 10 M & W 109 "Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate human affairs, would do or doing something which a prudent and reasonable man would not do." His words were: 'carelessness and negligence'. Negligence is the most important modern tort. See the statement of Alderson B in: Blyth v Birmingham Waterworks Co (1856) 11 Exch 781. By 'negligence' Tindal C.J. In the words of Alderson B in . Baron Alderson: ..Negligence is the omission to do something, which a reasonable man, guided upon those considerations, which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do. The duty of care in negligence is equally “dynamic” as … The most popular definition of the reasonable man is that he is the ordinary man, the average man, or the man on the Clapham omnibus (Hall v Brooklands Auto Racing Club [1933] 1 KB 205). sicd definition of Alderson, B., in Blyth v. Birmingham Waterworks (1865), 11 Ex. Alderson B If we were to hold that the plaintiff could sue in such a case, there is no point at which such actions would stop.