Letang v Cooper

Where injury is caused unintentionally, the claim lies in negligence, not trespass, so trespass to the person requires an intentional act.

Citation
[1965] 1 QB 232
Court
Court of Appeal (Civil Division)
Year
1965
Subject
Tort Law
Topic
Trespass to the person

Facts

Mrs Letang was sunbathing on a grass car park at a hotel when Mr Cooper negligently drove his car over her legs, injuring her. She sued him more than three years later. A claim in negligence was time barred after three years, so she framed her claim in trespass to the person, which she argued was subject to a six year limitation period.

Legal principle

The Court of Appeal held that her claim was time barred. Lord Denning MR said that, when the injury is not inflicted intentionally but negligently, the only cause of action is negligence, not trespass. If the defendant intentionally applies force to the claimant, the claim is in trespass, and if he does so unintentionally but carelessly, it is in negligence. In any event, the three year limitation period applied to all actions for damages for personal injuries caused by breach of duty, which included trespass.

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