Of course, as anyone who has taken introductory torts is aware, the defendant’s breach of a duty of care to the plaintiff is not enough to render him liable to her: Duty and breach are only two of the elements that together make up the tort of negligence, along with injury, cause in fact, and proximate cause.80 According to the Palsgraf perspective, all of these elements together define a complex relational duty: roughly, a duty not to foreseeably cause injury to another person by breaching one’s duty to take reasonable care against causing her such injury. So the tort of negligence — perhaps uniquely among the various torts — is associated with two relational legal duties: a duty of non-injuriousness (take reasonable care toward another person if your action might foreseeably injure her) and a qualified duty of non-injury (do not actually injure another person by breaching your duty to take reasonable care toward her).81 To violate this second duty — a qualified duty of non-injury — is to commit the tort of negligence.82 Or so the Palsgraf perspective says.83
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