판결 이유
Where personal injury is caused unintentionally, the appropriate cause of action is negligence, not trespass to the person. Trespass to the person should be confined to intentional acts.
사실관계
Mrs Letang was sunbathing on a piece of grass in a hotel car park. Cooper drove his car over her legs. She sued in trespass to the person (to avoid the limitation period for negligence, which had expired).
판결 요약
The Court of Appeal held that the claim should be in negligence, not trespass. Lord Denning MR stated that the distinction between trespass and negligence should be drawn on the basis of intent: trespass for intentional conduct, negligence for unintentional conduct.
주요 인용문
"Instead of dividing actions for personal injuries into trespass (direct damage) and case (consequential damage), we should divide them according to the nature of the defendant's act: was it intentional or negligent?"
— Lord Denning MR
후속 처리
Confirmed the modern approach: trespass for intentional conduct, negligence for unintentional.