Add to ORKGAn article recently published in the Tort Law Review argues that separate torts of trespass to the person are no longer necessary, given the growth and development of the law of negligence. This article argues that there is a continuing role for trespass to the person, and that the interests protected by the tort of trespass are not adequately subsumed within negligence. This article agrees with the previously published views as to the historical development of the tort of trespass, but suggests that, whatever convergence is happening between the torts of trespass and negligence, there continue to be distinct elements of trespass unknown to negligence
In order to succeed in a tort suit under negligence per se, a victim must be of the class of persons...
This article seeks to demonstrate three things. First, the orthodox conceptualisation of the tort of...
Should a defendant to an action in trespass be entitled to a reduction in compensatory damages on th...
This article reviews the liability of occupiers for injuries suffered by trespassers on their land. ...
A pure negligence approach to bystander recovery imposes an undue burden upon a merely negligent def...
In §§ 51 and 52 of the forthcoming second volume of the Restatement (Third) of Torts: Liability f...
The scope of duty in negligence cases is coming increasingly to be measured by the famous formulatio...
This Essay addresses an anomaly in trespass law. Trespass law is generally understood as the paradig...
When Oliver Wendell Holmes synthesized the writs of trespass and trespass on the case, he left out o...
In this article, the author suggests that the old common law rule denying that an owner of property ...
Trespass law is commonly presented as a relatively straightforward doctrine that protects landowners...
When confronted with a case involving a child plaintiff, attorneys and the courts should recognize ...
The article reviews case law clarifying the scope of the duty of care owed by a landlord, as an occu...
In most trespass cases, the defendant’s conduct involves a mere temporary occupation or user of the ...
In United States tort law, there are two general approaches to determining when a property owner is ...
In order to succeed in a tort suit under negligence per se, a victim must be of the class of persons...
This article seeks to demonstrate three things. First, the orthodox conceptualisation of the tort of...
Should a defendant to an action in trespass be entitled to a reduction in compensatory damages on th...
This article reviews the liability of occupiers for injuries suffered by trespassers on their land. ...
A pure negligence approach to bystander recovery imposes an undue burden upon a merely negligent def...
In §§ 51 and 52 of the forthcoming second volume of the Restatement (Third) of Torts: Liability f...
The scope of duty in negligence cases is coming increasingly to be measured by the famous formulatio...
This Essay addresses an anomaly in trespass law. Trespass law is generally understood as the paradig...
When Oliver Wendell Holmes synthesized the writs of trespass and trespass on the case, he left out o...
In this article, the author suggests that the old common law rule denying that an owner of property ...
Trespass law is commonly presented as a relatively straightforward doctrine that protects landowners...
When confronted with a case involving a child plaintiff, attorneys and the courts should recognize ...
The article reviews case law clarifying the scope of the duty of care owed by a landlord, as an occu...
In most trespass cases, the defendant’s conduct involves a mere temporary occupation or user of the ...
In United States tort law, there are two general approaches to determining when a property owner is ...
In order to succeed in a tort suit under negligence per se, a victim must be of the class of persons...
This article seeks to demonstrate three things. First, the orthodox conceptualisation of the tort of...
Should a defendant to an action in trespass be entitled to a reduction in compensatory damages on th...