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Is it possible to frame an action in both trespass and negligence based on the same set of facts? If so, identify instances when trespass may be more attractive to a plaintiff?
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Torts Question Is it possible to frame an action in both trespass and negligence based on the same set of facts? If so, identify instances when trespass may be more attractive to a plaintiff? Introduction This paper will firstly define the terms trespass and negligence. A discussion of the development or historical background to trespass and negligence will then be provided. A discussion of the historical background of trespass and negligence will assist the discussion of these questions and will provide an understanding of how any overlapping may have come about. Defining Torts Trespass and negligence are torts. A tort can be defined as an act or omission by the defendant that is an infringement of an interest of the plaintiff that is recognised by law. The law recognises that the interest is worthy of protection from an infringement created by an act or omission and it allows for a right of civil action for unliquidated...
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