trespass on the case

trespass on the case
A common-law form of action, otherwise known as "case" and "action on the case," for an injury resulting from a wrongful act other than physical force, or for an injury resulting from nonfeasance or negligence, or for an injury which is consequential, as distinguished from a direct or immediate, result of the wrongful act. 52 Am J1st Tresp § 5. A remedy devised by the courts in remote times when actions were so carefully classified that a mistake in name was generally fatal to the case, its purpose being to cover new wrongs as they might occur so as to prevent a failure of justice. 1 Am J2d Actions § 22. Inclusive in the broad sense of the term of an action of assumpsit. 52 Am J1st Tresp § 6. More precisely, the remedy confined to actions for the redress of torts, the gravamen of the charge being the tort or wrong of the defendant, notwithstanding such tort or wrong may be also a breach of an express or implied contract. 1 Am J2d Actions § 22. See vis impressa.

Ballentine's law dictionary. . 1998.

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  • Trespass on the case — Trespass Tres pass, n. [OF. trespas, F. tr[ e]pas death. See {Trespass}, v.] 1. Any injury or offence done to another. [1913 Webster] I you forgive all wholly this trespass. Chaucer. [1913 Webster] If ye forgive not men their trespasses, neither… …   The Collaborative International Dictionary of English

  • trespass on the case — see trespass Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. trespass on the case …   Law dictionary

  • trespass on the case — Case Case, n. [F. cas, fr. L. casus, fr. cadere to fall, to happen. Cf. {Chance}.] 1. Chance; accident; hap; opportunity. [Obs.] [1913 Webster] By aventure, or sort, or cas. Chaucer. [1913 Webster] 2. That which befalls, comes, or happens; an… …   The Collaborative International Dictionary of English

  • Trespass on the case — A Writ of Trespass and Writ of Trespass on the Case are the two catchall torts from English Common Law, the former involving trespass against person, the latter involving trespass against anything else which may be actionable. The writ is also… …   Wikipedia

  • trespass on the case — noun an action brought to recover damages from a person whose actions have resulted indirectly in injury or loss a person struck by a log as it was thrown onto a road could maintain trespass against the thrower but one who was hurt by stumbling… …   Useful english dictionary

  • Action on the case — Case Case, n. [F. cas, fr. L. casus, fr. cadere to fall, to happen. Cf. {Chance}.] 1. Chance; accident; hap; opportunity. [Obs.] [1913 Webster] By aventure, or sort, or cas. Chaucer. [1913 Webster] 2. That which befalls, comes, or happens; an… …   The Collaborative International Dictionary of English

  • action on the case — A common law species of personal action of formerly extensive application, otherwise called trespass on the case, or simply case, from the circumstance of the plaintiffs whole case or cause of complaint being set forth at length in the original… …   Black's law dictionary

  • action on the case — A common law species of personal action of formerly extensive application, otherwise called trespass on the case, or simply case, from the circumstance of the plaintiffs whole case or cause of complaint being set forth at length in the original… …   Black's law dictionary

  • action on the case — action on the case: trespass on the case at trespass Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. action on the case …   Law dictionary

  • action on the case — See trespass on the case …   Ballentine's law dictionary

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