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Writ of trespass
End of 12th Century, the writ of trespass used to deal with direct and forcible interference with the person, land or goods
What had to happen for a trespass to lie?
A DIRECT act was required - a very rigid application of the writ, thus consequential or indirect injuries were unaccountable at the time.
What writ dealt with the consequential or indirect injuries (the pitfalls of the writ of trespass)?
13th century - the writ of 'trespass on the case' dealt with the consequential or indirect injuries
Dominant cause of action today is...
tort of negligence
Trespass v Case
Foundations of Law