Letang v. Cooper
Encyclopedia
Letang v Cooper [1964] 2 All ER 292 is an English Court of Appeal
judgment, by which it was decided that negligently caused personal injury cannot be recovered under the trespass to the person
, but the tort of negligence
must be tried instead.
) negligently ran over Mrs Letang (the plaintiff
) in his car while she was sunbathing on a piece of grass where cars were parked. The plaintiff filed a claim in trespass to the person, because the claim in Negligence
was time-barred
. Trespass to the person is a tort
involving wrongful direct interference with another person and traditionally included both intentional and negligent acts.
, Diplock
LJ
and Danckwerts LJ
, held unanimously that since Mr Cooper's actions were negligent rather than intentional, the statute of limitations barring claims actions for damage caused by negligence applied. Mrs Letang could not recover her damages because her claim was late.
, such as assault
, battery
, false imprisonment
, trespass to land
or chattels
, etc. A claimant wishing to recover damages to his person or property that were caused by the defendant's negligent action must prove all the elements of the tort of negligence
.
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
judgment, by which it was decided that negligently caused personal injury cannot be recovered under the trespass to the person
Trespass in English law
Trespass in English law is an area of tort law broadly divided into three groups: trespass to the person, trespass to goods and trespass to land...
, but the tort of negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
must be tried instead.
Facts
Mr Cooper (the defendantDefendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
) negligently ran over Mrs Letang (the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
) in his car while she was sunbathing on a piece of grass where cars were parked. The plaintiff filed a claim in trespass to the person, because the claim in Negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
was time-barred
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
. Trespass to the person is a tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
involving wrongful direct interference with another person and traditionally included both intentional and negligent acts.
Judgment
The Court of Appeal, consisting of Lord Denning MRMaster of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
, Diplock
Kenneth Diplock, Baron Diplock
William John Kenneth Diplock, Baron Diplock, KC was an English judge and Law Lord.-Early life:Born the son of a Croydon solicitor, he attended Whitgift School and University College, Oxford, where he read chemistry and was later to become an Honorary Fellow.-Career:Diplock was called to the bar by...
LJ
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
and Danckwerts LJ
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
, held unanimously that since Mr Cooper's actions were negligent rather than intentional, the statute of limitations barring claims actions for damage caused by negligence applied. Mrs Letang could not recover her damages because her claim was late.
Effect
The effect of this case was that an action for trespass to the person can now only be brought for intentional tortsIntentional tort
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty...
, such as assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
, battery
Battery (tort)
At common law, battery is the tort of intentionally and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them . Unlike assault, battery involves an actual contact...
, false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
, trespass to land
Trespass to land
Trespass to land is a common law tort that is committed when an individual or the object of an individual intentionally enters the land of another without a lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done...
or chattels
Trespass to chattels
Trespass to chattels is a tort whereby the infringing party has intentionally interfered with another person's lawful possession of a chattel...
, etc. A claimant wishing to recover damages to his person or property that were caused by the defendant's negligent action must prove all the elements of the tort of negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
.