“The categories of negligence are never closed”. [Lord Macmillan in Donoghue v. Stevenson- (1932)] Tort is a relatively recent phenomenon, which has become the most dynamic and rapidly evolving area of ​​liability in modern law. Lord Macmillan's statement that "categories of negligence are never closed" suggests how courts have the power to expand the area of ​​liability by introducing new situations of duty as a result of a new set of facts that arise every day . Since it is difficult to define negligence in simple terms, it can be said that the "neighbour" principle for duty of care remains, in its broader social context, one of the most important elements of negligence. for political considerations. The main reason given for this was the so-called “flood gates” argument. Courts should not allow a remedy in a particular case as this would open the door to many claims in similar situations. The same was accepted as obiter dictum by Lord Buckmaster in his dissenting speech in Donoghue v. Stevenson. Decided by a 3-2 majority of the House of Lords, Donoghue v. Stevenson (1932) is considered the classic case in this regard, in part because it established the foundational principle for modern negligence law. However, this can be better understood by examining the previous cases that presided over Donoghue v. Stevenson where in similar factual circumstances negligence had not been recognized. In Bates v. Batey & Co. Ltd., the defendants, manufacturers of ginger beer, were not held liable to a consumer (who had purchased one of their bottles from a retailer) for damages caused by the defect in the bottle because they could have been avoided by exercising reasonable care . Winterbottom v Wright, A contracted with B to provide a postal coach to carry postal bags along a specified road line.