... to the plaintiff's person or property. This inteference must be without the plaintiff's consent or lawful justification2. The tort of trespass is separated into three distinct torts, these being trespass to the person, trespass to land and trespass to goods. The tort of negligence manifests where a duty of care owed by the defendant to the plaintiff has been breached and that breach has caused actual damage or injury to the plaintiff that is not too remote in law3. A key point emerges from the brief definition of these torts and that point relates to the issue of fault. Both negligence and trespass require fault on the part of the defendant but in the case of trespass, however, the fault may be intentional or negligent. Where the fault of the defendant is negligent, the trespass is termed 'negligent trespass'. Under the tort of negligence, fault relates to carelessness and is ...

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