Actions on the Case
idea · 2 works · 3 mentions · 7 anchored passages
action on the case · actions on the case · case · the action on the case · the action upon the case
in the texts
The Law of Torts
A flexible common-law form of action, introduced under the Statute of Westminster, from which many later remedies including negligence and assumpsit developed.
Misfeasance in doing an act in itself not unlawful is ground for an action on the case.
The great instrument of transformation was the introduction of actions on the case by the Statute of Westminster.
and if the duty is broken, there is not a breach of contract but a tort, for which the remedy under the common law forms of pleading is an action on the case.
The Genius of the Common Law
A flexible common-law form of action that, though initially constrained, became the foundation for most modern civil remedies including Assumpsit.
The profession and the suitors were put off with the half-hearted recognition of Actions on the Case, which amounted, in untechnical language, to saying that new remedies might not be introduced except under pretense of being variations on old ones.
Fraud not involving a breach of contract was long regarded as a matter that only the Court of Chancery could deal with, until in the latter part of the eighteenth century the common law jurisdiction attacked it with the action on the case for deceit.