Historically, it is not too much to say that it is through damages
that rights of action came into existence. Experience of wrong
and injury is the efficient cause of all legal redress. The action
on the case was brought into use because, with the development
of society, the action of trespass was not found to cover the new
cases of damage that were arising. The right of action for
causing death was given by the legislature because of the loss
to the widow and orphan which death caused by wrongful or
negUgent acts was seen to occasion. And so, recently, the right
of privacy has been vindicated by the courts; not for its own
sake, but because of a growing perception of the suffering
caused by unauthorized intrusion into private life.
