The Form of Liability in the Torts of Trespass

Abstract

This paper examines the form of liability found in the law of trespass. Though it is frequently held that liability in these torts is based on the intentional fault of the defendant, it is argued that the torts are in fact strict. The paper approaches this issue by examining the nature of intention in the law of trespass and the judgments in Letang v Cooper and Re F. The paper also explores the nature of the negligent trespass actions available in Australia.