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8. Trespass, Case, and the Moral Basis of Liability

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0009
Subject:
Law, Law of Obligations, Legal History

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 ... More


9. The Law of Torts in the Nineteenth Century: The Rise of the Tort of Negligence

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0010
Subject:
Law, Law of Obligations, Legal History

This chapter shows how the law of torts at the start of the 19th century was still recognizably medieval. It was characterized by the division between the action of trespass and the action on the ... More


Trespass on the case

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0013
Subject:
Law, Legal History

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 ... More


Actions on the case for negligence

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0022
Subject:
Law, Legal History

This chapter shows how actions on the case were used to obtain compensation for various forms of harm caused by negligence even when there was no undertaking to use care. Early examples were those ... More


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