Tort Oversees Tankship (U.K.) Ltd. v. Morts Docks and Engineering Co. Ltd., (1961) AC 388. Viscount Simonds, "It is, no doubt, proper when considering tortious liability for negligence to analyse its elements and to say that the plaintiff must prove a duty owed to him by the defendant, a breach of that duty by the defendant, and consequent damage. But there could be no liability until the damage has been done. It is not the act but the consequences on which tortious liability is founded for tort.