- Title Pages
- Preface
- <i>Table of Cases</i>
- <i>Abbreviations</i>
- <i>Table of Regnal Years</i>
- 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
8. Trespass, Case, and the Moral Basis of Liability
8. Trespass, Case, and the Moral Basis of Liability
- Chapter:
- (p.155) 8. Trespass, Case, and the Moral Basis of Liability
- Source:
- A Historical Introduction to the Law of Obligations
- Author(s):
D. J. IBBETSON
- Publisher:
- 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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- Title Pages
- Preface
- <i>Table of Cases</i>
- <i>Abbreviations</i>
- <i>Table of Regnal Years</i>
- 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
