Action On The Case in Europe
Definition of Action On The Case
The Statute of Westminster II, 13 Edw. 1, c. 24 (1288), enacted that when a writ was found in Chancery (where original writs were prepared for suitors by the clerks) but in a like case (in consimili casu), falling under the same right, and requiring the same remedy, no writ was to be found, the clerks should agree in making a new writ, or, if they could not agree, they were to refer the matter to Parliament. Any writ so framed was known as a writ in an action on the case. The term thus embraces a large number of actions not coming under specific heads such as trespass or libel. (See Itatcliffc v. Evans.) Damage must be proved in all actions on the case
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Definition of Action On The Case is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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