The article discusses the major tests that have been applied since Donoghue v. Stevenson to determine the existence of a duty of care in the tort of negligence. It is critical of the more recent tests that are based upon the “proximity” element. The article argues for a resuscitation of the Wilberforce two-stage test of the foreseeability basis that is qualified by public policies as the best available test that has been evolved so far. This test must, however, be applied, in the future, with greater circumspection and with greater regard for prior decisions that restricted or excluded recovery than before.