Dear Colleagues:

Those of you who grapple with the question of whether the Trespass torts are based upon fault or are torts of strict liability, will be interested in a recent article by ODGer Allan Beever.  In ‘The Form of Liability in the Torts of Trespass’, (2011) 40 Common Law World Review 378-399, he argues that the torts are in fact strict when properly understood.  For those of you teaching in the area, there is also an interesting discussion of Letang v Cooper and of the concept of negligent trespass that is found in Australian and Canadian law.

Happy Reading,

-- 
Jason Neyers
Cassels Brock LLP Faculty Fellow in Contract Law
Associate Professor of Law
Faculty of Law
Western University
N6A 3K7
(519) 661-2111 x. 88435