D. J. IBBETSON
- Published in print:
- 2001
- Published Online:
- February 2010
- ISBN:
- 9780198764113
- eISBN:
- 9780191709852
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198764113.003.0007
- Subject:
- Law, Law of Obligations, Legal History
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 ...
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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.Less
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.
