Chapter

Trespass and Case

Sir John Baker

in The Oxford History of the Laws of England

Published in print September 2003 | ISBN: 9780198258179
Published online March 2012 | e-ISBN: 9780191681806 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258179.003.0040

Series: The Oxford History of the Laws of England Series isbn 0-19-961352-4

Trespass and Case

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This chapter examines the law of torts as they relate to trespassing in England during the Tudor period. Like the law of chattels, the law of torts was also subsumed under the law of actions. Although actions on trespassing cases had been in use since the mid-14th century, their scope did not widen greatly during the 15th century and the writs were seldom pursued beyond the interlocutory stage. It was only in the early 15th century that new varieties of action were introduced, including actions for defamation, malicious prosecution, and trover.

Keywords: trespassing; law of torts; legal history; chattels; writs; defamation; malicious prosecution; trover

Chapter.  2887 words. 

Subjects: History of Law

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