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A Historical Introduction to the Law of Obligations$
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David Ibbetson

Print publication date: 2001

Print ISBN-13: 9780198764113

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780198764113.001.0001

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7. The Rise of the Action of Assumpsit

7. The Rise of the Action of Assumpsit

Chapter:
(p.126) 7. The Rise of the Action of Assumpsit
Source:
A Historical Introduction to the Law of Obligations
Author(s):

D. J. IBBETSON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198764113.003.0008

This chapter shows how, in the 16th century, the action of trespass on the case came to be established as the primary, ordinary remedy for the imposition of liability on informal contracts. The route by which this was achieved was the same as that followed in other situations: first of all the argument that trespassory remedy was simply supplementing the remedies that were otherwise available, followed by a wholesale expansion into the ground covered by other remedies.

Keywords:   trespass on the case, liability, informal contracts, assumpsit

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