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A Historical Introduction to the Law of Obligations$
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David Ibbetson

Print publication date: 2001

Print ISBN-13: 9780198764113

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780198764113.001.0001

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

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

(p.155) 8. Trespass, Case, and the Moral Basis of Liability
A Historical Introduction to the Law of Obligations


Oxford University Press

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 the person; the latter covered a range situations where loss had been caused wrongfully. The formal division between trespass and case, and the crystallization of negligence are discussed.

Keywords:   medieval law, law of torts, trespass, action on the case, negligence

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