In the cases of Perry, Havert and Brown, negligence emerged as a separate and distinct tort. In such cases, the defendant's actions were held to be the cause of plaintiff's injuries. It was held that there was duty on the defendant and such duty was not fulfilled or there was breach of such duty by the defendant and due such breach the plaintiff suffered injury. It was held that the defendant's conduct was the actual cause of plaintiff's injuries.

Under such cases, it was held that to prove the case of negligence, it must be proved that there was an underlying duty of care on the part of defendant. Where there is no duty on the part of defendant, the case of negligence shall not prevail. Where breach of such duty has caused harm to the plaintiff and such harm is the direct cause of the injury caused to the plaintiff, the defendant shall be liable for damages.