单词 | action on the case |
释义 | > as lemmasaction on (also †of, upon) the case P9. Law. action on (also †of, upon) the case and variants: an action for a remedy in respect of loss or damage where one of the pre-existing writs does not address the particular circumstances, either because the loss or damage is indirect or for some other reason. Cf. trespass on the case n. at trespass n. 3d. Now historical. ΚΠ 1612 W. Travers Supplic. to Priuy Counsel 4 Wee should shortly haue no actions vpon the case, nor of trespasse, but all should be pleaes of the Crowne. 1631 in S. R. Gardiner Rep. Cases Star Chamber & High Comm. (1886) 77 The plaintiff had brought an action of the case against Rickby. 1635 W. Lambarde & T. Lambarde Archeion (new ed.) 61 Suits at the Common Law, for remedie in Cases, where no proper helpe was formerly knowne..called the Action or Writ upon the Case. 1764 T. Cunningham New & Compl. Law-Dict. I. at Action Action on the case lies not for an act not prohibited by law, tho' it be to the damage of the party. 1843 J. F. Archbold Law Nisi Prius vii. ii. 432 For all acts of misfeasance, committed without force, or, if committed with force, which are merely consequentially injurious to the plaintiff, he may have his remedy by action on the case. 1863 H. Cox Inst. Eng. Govt. ii. ix. 523 Action of trespass on the Case, so called from the words in consimili casu..in the Statute of Westminster the Second, which authorizes such actions..Injuries caused by negligence are usually remediable by action on the case. 1898 E. E. Bryant Code Pract.: Treat. Procedure Civil Actions Wisconsin i. 16 Trespass on the case. This action is sometimes called ‘case’ or ‘action on the case’. It is so designated, because formerly the plaintiff's whole case, or the state of facts on which he sought to recover, was set forth in the writ. 2004 J. Getzler Hist. Water Rights at Common Law iii. 150 Kiralfy in his study of the action on the case notes that the immediate-consequential harm distinction dates significantly from the early eighteenth century. < as lemmas |
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