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The Writs of Trespass and 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 known in modern times as Action on the Case and can be sought for any action that may be considered as a tort but is yet to be an established category. == The Emergence of the Writ of Trespass == Trespass and Trespass on the Case, or "Case", began as personal remedies in the royal courts in London in the 13th century. These early forms of trespass reflected a wide range of wrongs. In 1278, however, the Statute of Gloucester was passed. This limited actions in the royal courts to property damage worth above 40 shillings, maims, beatings or wounds. Soon after this Statute was passed, writs of Trespass appeared in a stereotyped form alleging "force and arms", or "''vi et armis''." Trespass writs alleging force and arms became known simply as Trespass. Some of the cases brought in ''vi et armis'' form probably did not involve force and arms at all, and could be regarded as fictions.〔Baker J.H., An Introduction to English Legal History, pg 61.〕 An example is ''Rattlesdene v Grunestone'' in 1317〔printed in Y.B. 10 Edw. II, Selden Society vol. 54〕 on the adulteration of wine with salt water. The form of the writ stated however that the defendants "with force and arms, namely with swords and bows and arrows, drew off a great part of the wine from the aforesaid tun and instead of the wine so drawn off they filled the tun with salt water so that all the aforesaid wine was destroyed." 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Trespass on the case」の詳細全文を読む スポンサード リンク
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