Ratio Decidendi
In a modern action for trespass to the person, the burden of proving that the defendant acted intentionally or negligently rests on the claimant. The claimant must plead whether the act was intentional or negligent.
Facts
The plaintiff alleged that the defendant 'shot the plaintiff' at a shooting party. No further particulars of negligence or intention were given.
Judgment Summary
Diplock J struck out the claim as disclosing no reasonable cause of action. The statement of claim did not allege that the shooting was either intentional or negligent. In modern law, the claimant must establish fault — either intention (for intentional trespass) or negligence.
Key Quotes
"The onus of proving negligence lies on the plaintiff where the trespass is not intentional."
— Diplock J
Subsequent Treatment
Established that fault (intention or negligence) must be proved in trespass to the person claims. Confirmed by Letang v Cooper [1965].