Jump to ContentJump to Main Navigation
Baker and Milsom Sources of English Legal HistoryPrivate Law to 1750$
Users without a subscription are not able to see the full content.

John Baker

Print publication date: 2019

Print ISBN-13: 9780198847809

Published to Oxford Scholarship Online: September 2019

DOI: 10.1093/oso/9780198847809.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 June 2020

Trespass on the case

Trespass on the case

Chapter:
(p.381) 13 Trespass on the case
Source:
Baker and Milsom Sources of English Legal History
Author(s):

John Baker

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198847809.003.0013

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .