Does it make sense to speak of negligent trespass to the person?
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Does it make sense to speak of negligent trespass to the person? Because negligent trespass is a hybrid of the torts of negligence and trespass confusion arises from which particular rules apply and in which circumstances they are applicable. Further confusion has emanated from the development of modern case law on the subject. In an attempt to understand this area I hope to identify such hybrid characteristics and demonstrate how negligent trespass overlapped the present torts of negligence and trespass. Finally I hope to determine whether there is any merit in maintaining negligent trespass as a form of action. To understand this concept it is necessary to determine why and what the differences are within trespass itself. Why aren't assaults, batteries and false imprisonments dealt with under the one tort of trespass? (If only life were that simple). Originally this was the case with such actions being brought under the ancient...

