Writ Of Trespass, Writ Of Trespass On The Case

WRIT OF TRESPASS - This writ lies where a party claims damages for a trespass committed against his person, or tangible and corporeal property. See Trespass.

WRIT OF TRESPASS ON THE CASE - A writ which lies where a party sues for damages for any wrong or cause of complaint to which covenant or trespass will not apply.

This action originates in the power given by the statute of Westm. 2, to the clerks of chancery to frame new writs in consimili casu with writs already known. Under this power they constructed many writs for different injuries, which were considered as in consimili casu, with, that is, to bear a certain analogy to a trespass. The new writs invented for the cases supposed to bear such analogy, have received, accordingly, the appellation of writs of trespass on the case, as being founded on the particular circumstances of the case thus requiring a remedy, and, to distinguish them from the old writ of trespass and the injuries themselves, which are the subjects of such writs, are not called trespasses, but have the general name of torts, wrong or grievances.

The writs of trespass on the case, though invented thus in various forms, according to the nature of the different wrongs which respectively called them forth began nevertheless, to be viewed as constituting collectively a new individual form of action; and this new genus took its place, by the name of Trespass on the case, among the more ancient actions of debt, covenant, trespass, etc. Such being the nature of this action, it comprises, of course, many different species. There are two, however, of more frequent use than any other species of trespass on the case, or, perhaps, than any other firm of action whatever. These are assumpsit and trover.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.