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.
