Conduct usually consists of actions, but can also consist of omissions where there is some duty to act. The tort of negligence is the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. Negligent conduct may consist of either an act or an omission to act where a duty to do so exists. Four elements are necessary to establish a prima facie case of negligence. The existence of a legal duty to exercise due diligence, a failure to exercise reasonable care. Actually causing physical harm through the negligent behavior; physical harm in the form of actual damage and immediate cause. Which shows that the damage falls within the scope of liability. Both companies, Beatrice Foods and J. Riley Leather Company, breached this duty. Their failure to do so resulted in the illness and death of many children. The plaintiff suffered legally recognizable harm. Schlictmann had the chance to prove that the plaintiffs, including Woburn residents, had a right to clean drinking water. Under various government laws, drinking water must be hygienic. Both companies had a duty of care not to illegally discharge toxic chemicals into a water source. Especially knowing that they could contaminate the drink