- Title Pages
- Preface
- Table of Cases
- Abbreviations
- Table of Regnal Years
- Prologue: The Prehistory of the English Law of Obligations
- Part One. Form and Substance in Medieval Law
- 1. Structural Foundations
- 2. Unity and Fragmentation of the Medieval Law of Contract
- 3. Trespass, Trespass on the Case, and the Medieval Law of Tort
- 4. The Substantive Law of Torts
- 5. The Substantive Law of Contract
- Part Two. The Triumph of Trespass on the Case
- 6. Tort, Property, and Reputation: The Expansion of the Action on the Case
- 7. The Rise of the Action of Assumpsit
- Part Three. The Modern Law of Tort and Contract
- 8. Trespass, Case, and the Moral Basis of Liability
- 9. The Law of Torts in the Nineteenth Century: The Rise of the Tort of Negligence
- 10. The Law of Torts in the Twentieth Century: Expansion and Collapse of the Tort of Negligence
- 11. Foundations of the Modern Law of Contract
- 12. The Rise of the Will Theory
- 13. The Decline of the Will Theory: Legal Regulation and Contractual Fairness
- 14. Unjust Enrichment
- 15. Legal Change and Legal Continuity
- Index
3. Trespass, Trespass on the Case, and the Medieval Law of Tort
3. Trespass, Trespass on the Case, and the Medieval Law of Tort
- Chapter:
- (p.39) 3. Trespass, Trespass on the Case, and the Medieval Law of Tort
- Source:
- A Historical Introduction to the Law of Obligations
- Author(s):
D. J. IBBETSON
- Publisher:
- Oxford University Press
This chapter begins with a discussion of how the action of trespass as an ordinary feature of the jurisdiction of the royal courts gives some shape to the emergent law of tort. It then shows how, by the beginning of the 14th century, the action of trespass became established around a core of (minimally) forcible wrongdoing. This is followed by a discussion of the origins of the trespass on the case.
Keywords: trespass, law of tort, wrongdoing
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- Title Pages
- Preface
- Table of Cases
- Abbreviations
- Table of Regnal Years
- Prologue: The Prehistory of the English Law of Obligations
- Part One. Form and Substance in Medieval Law
- 1. Structural Foundations
- 2. Unity and Fragmentation of the Medieval Law of Contract
- 3. Trespass, Trespass on the Case, and the Medieval Law of Tort
- 4. The Substantive Law of Torts
- 5. The Substantive Law of Contract
- Part Two. The Triumph of Trespass on the Case
- 6. Tort, Property, and Reputation: The Expansion of the Action on the Case
- 7. The Rise of the Action of Assumpsit
- Part Three. The Modern Law of Tort and Contract
- 8. Trespass, Case, and the Moral Basis of Liability
- 9. The Law of Torts in the Nineteenth Century: The Rise of the Tort of Negligence
- 10. The Law of Torts in the Twentieth Century: Expansion and Collapse of the Tort of Negligence
- 11. Foundations of the Modern Law of Contract
- 12. The Rise of the Will Theory
- 13. The Decline of the Will Theory: Legal Regulation and Contractual Fairness
- 14. Unjust Enrichment
- 15. Legal Change and Legal Continuity
- Index
