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Letang v Cooper [1965]

Facts

  • A car driver negligently ran over the claimant while she was sunbathing
  • A claim in trespass was made against the driver as the time limit of 3 years for negligence had expired

Issue

  • Could there have been a trespass committed?

Decision

  • No

Reasoning

  • No intent, trespass is more difficult to prove than negligence, so make your claim promptly in negligence for a batter chance of succeeding
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