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Baker and Milsom Sources of English Legal HistoryPrivate Law to 1750$
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John Baker

Print publication date: 2019

Print ISBN-13: 9780198847809

Published to Oxford Scholarship Online: September 2019

DOI: 10.1093/oso/9780198847809.001.0001

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Trespass on the case

Trespass on the case

(p.381) 13 Trespass on the case
Baker and Milsom Sources of English Legal History

John Baker

Oxford University Press

In the fourteenth century a variety of new kinds of action appeared in the royal courts as a result of allowing writs of trespass to be issued without the ‘force and arms’ clause. In such writs the plaintiff had to set out the gist of his ‘special case’ in lieu of the generalized assertion of force. This chapter shows how contemporaries regarded ‘actions on the case’ and what was considered to be their range. Some later discussions in the chapter show lawyers trying to rationalize the distinction between ‘trespass’ (that is, trespass with force and arms) and ‘case’ in terms of physical directness.

Keywords:   Trespass on the case, actions on the case, tort, defamation, deceit, loss of services, enticement

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