rt A1. In circumstance where they c

rt A1. In circumstance where they can choose to sue between trespass and action on the case, eg. Where there is a1 direct injury caused by defendant’s negligence, plaintiff can sue in both Negligent trespass and negligence , itwould have more advantages to sue in trespass. Firstly, trespass is actionable per se, which means all theplaintiff need to prove is the action had occurred, plaintiff do not have to show actual damage2; For action on3the case, you need to show actual damage, before the cause of action is complete . Secondly, for trespass, the4onus of disprove the fault is on defendant, on the balance of probabilities . Except in incidents on the highwaywhere the onus of proof of fault is on the plaintiff because they impliedly accepted the risk of injury from56contacts on the highway . For action on the case, the onus is on plaintiff to prove fault , which has moreelements to establish. Thirdly, for trespass case, the limitation period begins when the trespass occurred; while for action on the case, it begins when the damage is suffered.