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Created by 121.1.18.237 on 3 November 2009, at 10:13
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[1965] 1 QB 232 (CA). 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 Limitation Act (1980) 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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