Chapter

Negligence and Fault

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/9780198258179.003.0041

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

Negligence and Fault

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This chapter examines the law of torts relevant to negligence and fault in England during the Tudor period. The principal actions in which negligence or incompetence was formally alleged by the plaintiff were the misfeasance forms of assumpsit, while fault or default was used in two cases, given as example, related to the spread of fire and to the loss of goods in an inn. This chapter discusses actions filed during this period and explores the courts' bases in their decisions.

Keywords: negligence; fault; law of torts; assumpsit; loss of goods; spread of fire

Chapter.  6733 words. 

Subjects: History of Law

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