It may be committed negligently • Negligent trespass is an action in
trespass not in negligence:
• Where the facts of a case permit, it is possible to frame an action in both trespass and negligence on the same facts
期刊杂志
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LAW OF TORTS
Weekend Lecture 1B Lecturer: Greg Young
greg.young@lawyer Tort of Negligence
- Duty of Care
NEGLIGENCE AND FAULT IN TORTS
FAULT
passenger-fireworks explosion causing injury to
plaintiff.-No foreseeability)
• Chapman v. Hearse (1961) (Car accident-
Dr. stops to help-gets killed by another
• The concept allows us to evaluate D’s conduct not from his or her peculiar position, but from that of a reasonable person similarly placed
Reasonable Foreseeability:
INTENTION TRESPASS
NEGLIGENCE