Forms of action
idea · 2 works · 3 mentions · 8 anchored passages
alternative forms of procedure · case · form of action · forms of action · the forms of action · the original theory of forms of action · trespass
spoken of as
2 expressionsThe forms of action1 mention
The Genius of the Common Law (English)
The forms of action have been practically abolished.
Trespass and case“forms of action”1 mention
The Law of Torts (English)
The decision was that the proper form of action was trespass and not case.
in the texts
The Law of Torts
The historical common-law system of pleading in which a claimant's remedy depended on fitting the facts into one of a fixed set of recognized procedural forms.
Forms of action are now abolished in England.
The original theory of the common law seems to have been that there were a certain number of definite and mutually exclusive causes of action, expressed in appropriate forms.
On the debateable ground thus created between those states of fact which clearly give rise to only one kind of action and those which clearly offered an alternative, there arose a new kind of question, more refined and indeterminate than those of the earlier system, because less reducible to the test of fixed forms.
The Genius of the Common Law
The system of distinct procedural forms (trespass, trover, detinue, ejectment, etc.) each governing the applicable degree of special pleading, described as inconsistent and largely abolished by the new courts.
The forms of action have been practically abolished.
Enough to say that the older forms of action remained comparatively simple but stiff and cumbrous, while the newer ones were elastic, but tricky because the limits of their elasticity were uncertain.