Torts I

Weaver v. Ward

King's Bench, 1616

Facts:

Plaintiff and defendant were engaged in military exercises together when defendant accidentally shot plaintiff.

Issue:

Is one liable for a harm done if it was not his intent or negligence that made him cause the harm?

Rule:

A harm must be evitable to be able to be held liable for.

Reasoning:

Plaintiff could have forseeably prevented his shooting of defendant, so he should be held liable for it.

Holding:

Maybe not if the harm is not intentional or negligent. Here, it was negligence that caused it however, so the defendant is liable.

Takeaway:

Defendants might not be liable for accidental harms.


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