8. Trespass, Case, and the Moral Basis of Liability
This chapter shows how central to the later medieval law of torts was the division between the action of trespass and action on the case. The former lay for invasive interferences to land, goods, or the person; the latter covered a range situations where loss had been caused wrongfully. The formal division between trespass and case, and the crystallization of negligence are discussed.
Keywords: medieval law, law of torts, trespass, action on the case, negligence
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