Letang v Cooper [1965] 1 QB 232

Material Facts:

The defendant, Mr Cooper, unintentionally ran over the legs of Mrs Letang, the plaintiff, whilst she was sunbathing on a piece of grass ordinarily meant for car parking. The incident took place in 1957, but Mrs Letang decided to file a claim in trespass to the person in 1961 since she could no longer make a claim in negligence (due to a three-year limitation period.)

Issues:

1. Whether or not Mrs Letang could make a claim under trespass to the person.

Holding:

1. Mrs Letang could not make a claim under trespass to the person.

Ratio Decidendi:

The court held that a claim for trespass to the person can only be brought against another when the damage was caused by an intentional act. When the damage was caused by an unintentional act, as it was in the present case, the proper claim should be under negligence.