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Letang v Cooper

[1965] QB 232

Case summary last updated at 17/01/2020 20:47 by the Oxbridge Notes in-house law team.

Judgement for the case Letang v Cooper

After a three year delay, the claimant brought an action in tort against the defendant, who had accidentally driven over her legs in his car. Under the LimitationAct1980 a claim in negligence would be Statute-Barred, so the claimant sought to rely on a claim of Trespass To The Person. Historically, action in trespass did not require proof of an Intention to do the act that made up the trespass, merely that it was done directly. However, by the time Letang was heard, there had been substantial developments in Negligence, and it was accepted that trespass was now distinguished from negligence by the motive of the defendant, not the directness of the act. The action failed, therefore, because the proper form of action was in negligence, not tresspass, and this was statute barred.

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