Trespass on the case

Trespass on the case

A Writ of Trespass and Writ of Trespass on the Case are the two catchall torts from English Common Law, the former involving trespass against person, the latter involving trespass against anything else which may be actionable. The writ is also known in modern times as Action on the Case and can be sought for any action that may be considered as a tort but is yet to be an established category.

The Emergence of the Writ of Trespass

Trespass and Trespass on the Case, or "Case", began as personal remedies in the royal courts in London in the 13th century. These early forms of trespass reflected a wide range of wrongs.

In 1278, however, the Statute of Gloucester was passed. This limited actions in the royal courts to property damage worth above 40 shillings, maims, beatings or wounds. Soon after this Statute was passed, writs of Trespass appeared in a stereotyped form alleging "force and arms", or "vi et armis." Trespass writs alleging force and arms became known as Trespass.

Some of the cases brought in "vi-et armis" form, probably did not in fact involve force and arms at all, and could be regarded as fictions. [Baker J.H., An Introduction to English Legal History, pg 61.]

An example is Rattlesdene v Grunestone [1317] [printed in Y.B. 10 Edw. II, Selden Society vol. 54] , which was a case about the adulteration of wine with salt water. The form of the writ stated however that the defendants "with force and arms, namely with swords and bows and arrows, drew off a great part of the wine from the aforesaid tun and instead of the wine so drawn off they filled the tun with salt water so that all the aforesaid wine was destroyed"

The Emergence of the Writ of Trespass on the Case

By the 1350s, Writs of Trespass could only be litigated in the royal courts if they alleged "force and arms." This was largely however, a problem of procedure; some sections of the royal courts were more liberal than others in this respect, however; in particular, procedure under the King's Bench was less strict than procedure by Writ in the Common Pleas. There were a number of cases brought under by a procedure of Bill into the King's Bench which did not allege force and arms between the 1340s and 1360s. In the Humber Ferry Case (1348), a horse was lost while being ferried across the Humber, and no force and arms was alleged.

The turning point in the creation of "honest" writs of Case was Waldon v Mareschal ( 1369). The facts alleged were that the defendant had negligently treated the claimant's horse. The record showed that the court of the Common Pleas accepted that in such a situation, an allegation of force and arms in a writ would not be appropriate. By the 1390s, actions on the Case were common.

References


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  • Trespass on the case — Trespass Tres pass, n. [OF. trespas, F. tr[ e]pas death. See {Trespass}, v.] 1. Any injury or offence done to another. [1913 Webster] I you forgive all wholly this trespass. Chaucer. [1913 Webster] If ye forgive not men their trespasses, neither… …   The Collaborative International Dictionary of English

  • trespass on the case — see trespass Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. trespass on the case …   Law dictionary

  • trespass on the case — Case Case, n. [F. cas, fr. L. casus, fr. cadere to fall, to happen. Cf. {Chance}.] 1. Chance; accident; hap; opportunity. [Obs.] [1913 Webster] By aventure, or sort, or cas. Chaucer. [1913 Webster] 2. That which befalls, comes, or happens; an… …   The Collaborative International Dictionary of English

  • trespass on the case — noun an action brought to recover damages from a person whose actions have resulted indirectly in injury or loss a person struck by a log as it was thrown onto a road could maintain trespass against the thrower but one who was hurt by stumbling… …   Useful english dictionary

  • trespass on the case — A common law form of action, otherwise known as case and action on the case, for an injury resulting from a wrongful act other than physical force, or for an injury resulting from nonfeasance or negligence, or for an injury which is consequential …   Ballentine's law dictionary

  • Action on the case — Case Case, n. [F. cas, fr. L. casus, fr. cadere to fall, to happen. Cf. {Chance}.] 1. Chance; accident; hap; opportunity. [Obs.] [1913 Webster] By aventure, or sort, or cas. Chaucer. [1913 Webster] 2. That which befalls, comes, or happens; an… …   The Collaborative International Dictionary of English

  • action on the case — A common law species of personal action of formerly extensive application, otherwise called trespass on the case, or simply case, from the circumstance of the plaintiffs whole case or cause of complaint being set forth at length in the original… …   Black's law dictionary

  • action on the case — A common law species of personal action of formerly extensive application, otherwise called trespass on the case, or simply case, from the circumstance of the plaintiffs whole case or cause of complaint being set forth at length in the original… …   Black's law dictionary

  • action on the case — action on the case: trespass on the case at trespass Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. action on the case …   Law dictionary

  • action on the case — See trespass on the case …   Ballentine's law dictionary

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