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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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6. Tort, Property, and Reputation: The Expansion of the Action on the Case

6. Tort, Property, and Reputation: The Expansion of the Action on the Case

Chapter:
(p.97) 6. Tort, Property, and Reputation: The Expansion of the Action on the Case
Source:
A Historical Introduction to the Law of Obligations
Author(s):

D. J. IBBETSON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198764113.003.0007

This chapter discusses the development of nominate torts to protect property interests and reputation. From its earliest roots, the action of trespass protected property rights. So long as there had been an invasive interference, a ‘trespass’ in the modern legal sense of the word, an action would lie against the alleged wrongdoer. The difficulty with the use of these trespassory remedies was that in theory, they provided the successful plaintiff with damages rather than the land in issue. This was sidestepped in the 16th century by the use of the action of ejectment, an action designed to protect the lessee rather than the freeholder, in which specific recovery of the land could be achieved.

Keywords:   nominate tort, trespass, property rights, ejectment

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