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The term of years 年数
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/oso/9780198847809.003.0006
J. Baker
{"title":"The term of years","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198847809.003.0006","url":null,"abstract":"This chapter shows the steps whereby the tenant for years came to be protected against his lessor, and thereby to acquire an estate in land; the lease, though a chattel, became a ‘chattel real’. This required an act of judicial legislation in turning the trespassory action of ejectment – for ejecting a lessee from possession - into a real action by which the ejected lessee could be restored to possession. Ejectment was then seen to work more effectively than the real actions and assizes available to freeholders, and so a way was found of using it to displace them. Its perfection as an action for freeholders involved an elaborate fantasy with imaginary parties and imaginary leases; the procedure is illustrated. Finally, there are discussions about the possibility of creating entails and future estates in terms of years.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126796331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Assumpsit against executors for money 向遗嘱执行人索赔
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/oso/9780198847809.003.0017
J. Baker
{"title":"Assumpsit against executors for money","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0017","DOIUrl":"https://doi.org/10.1093/oso/9780198847809.003.0017","url":null,"abstract":"The decision in Slade’s Case (1602) that the action of assumpsit could be brought for not paying a debt left open the question whether it would lie against a debtor’s executors. Executors had been immune from actions by writ of debt, unless there was a sealed acknowledgment of indebtedness, since they could not wage their testator’s law; but wager of law was not relevant in assumpsit. This chapter shows how the availability of assumpsit against executors, to recover debts from a deceased debtor’s estate, was a controversial question between the King’s Bench and Common Pleas, and how it was finally settled in 1611 in favour of allowing the action.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124144355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Account 账户
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.4135/9781452229669.n29
J. Baker
{"title":"Account","authors":"J. Baker","doi":"10.4135/9781452229669.n29","DOIUrl":"https://doi.org/10.4135/9781452229669.n29","url":null,"abstract":"The writ of account was designed to make the defendant render an account of moneys received from or on behalf of the plaintiff. Only when the existence and exact extent of any indebtedness was established by audit could the plaintiff recover the debt as a liquidated sum. The cases in this chapter show how the action was extended from actions against bailiffs to reach non-contractual receivers of money. The bailiff actions were based on contract, the latter on quasi-contract (or restitution); but the action did not extend to the receipt of money by wrongdoers. There was much discussion of the defences which could be pleaded to the action, by way of denying accountability, as opposed to those which could only be pleaded before the auditors.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132975699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Actions on the case for nuisance 妨害案件的诉讼
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/oso/9780198847809.003.0023
J. Baker
{"title":"Actions on the case for nuisance","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0023","DOIUrl":"https://doi.org/10.1093/oso/9780198847809.003.0023","url":null,"abstract":"This chapter shows how actions on the case were used both to supplant the assize of nuisance and to provide remedies for types of nuisance not within the assize. The King’s Bench allowed case to overlap with the assize, but this was opposed by the Common Pleas until 1601, when the King’s Bench view prevailed. The assize was chiefly concerned with easements and profits. But there were new difficulties over the extent to which neighbours had to put up with disagreeable activities and processes which disturbed their comfort. These were discussed in a case of 1569 concerning ancient lights in London, and in a leading case of 1629 concerning the use of sea-coal by a London brewery. The 1629 case seems to have resulted in judicial deadlock, but the judges agreed on the principle of ‘necessity’, meaning that activities which were desirable in the public interest should be protected.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"182 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125157826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Debt 债务
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/oso/9780198847809.003.0008
J. Baker
{"title":"Debt","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198847809.003.0008","url":null,"abstract":"This chapter contains cases concerning the action of debt, with particular reference to the modes of proof and pleading. If there was no deed evidencing the debt, but some quid pro quo, the plaintiff produced ‘suit’ (which became fictitious) and the defendant could usually wage his law by taking an oath that he owed nothing and producing eleven compurgators to back him up; the working of wager of law, which itself became semi-fictitious, is illustrated. The cases show considerable uncertainty as to the underlying law of contract, if indeed there was any, since it only occasionally surfaced for discussion. Where a deed was used, it usually took the form of a bond: a sealed writing acknowledging the indebtedness. Since a deed was superior to parol evidence, few defences were available to debt on a bond; this was found to cause considerable hardship.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"45 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125691078","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Various developments of the money counts 金钱的各种发展都很重要
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/oso/9780198847809.003.0018
J. Baker
{"title":"Various developments of the money counts","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0018","DOIUrl":"https://doi.org/10.1093/oso/9780198847809.003.0018","url":null,"abstract":"This chapter shows how the action of assumpsit for money, usually in the fictional form known as indebitatus assumpsit, was extended in the seventeenth century to cover situations beyond the reach of the old action of debt: for instance, actions on bills of exchange, actions for sums of money not quantified at the time of contracting (quantum meruit and quantum valebant), and restitutionary actions for money received to the plaintiff’s use. The last category overlapped with the action of account, but unlike account could be used against wrongdoers. Excessive use of ‘money had and received’ to replace the usual remedies in contract and tort was resisted, with only partial success, by Chief Justice Holt.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130231310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Detinue Detinue
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/oso/9780198847809.003.0009
J. Baker
{"title":"Detinue","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780198847809.003.0009","url":null,"abstract":"This chapter is concerned with the writ of detinue, which was very similar to, and in some cases had the same wording as, the writ of debt. It lay for specific chattels detained from someone with a better right to them, and the pleadings in the reported cases show the various kinds of claim which could be brought within the same formula. Detinue on a bailment rested on a direct transaction between the parties, but detinue could also be based solely on property, where a defendant had obtained possession of goods formerly in the plaintiff’s possession but without acquiring title from him. The principal species of the proprietary form was detinue sur trover (‘on a finding’), the ‘finding’ being open to fiction. The scope for special pleading in detinue was limited; but it came to be established that the liability of a bailee was stricter than that of a finder.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127864187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Actions on the case for various kinds of economic loss 就案件的各种经济损失采取行动
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/oso/9780198847809.003.0024
J. Baker
{"title":"Actions on the case for various kinds of economic loss","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0024","DOIUrl":"https://doi.org/10.1093/oso/9780198847809.003.0024","url":null,"abstract":"This chapter is concerned with miscellaneous actions on the case for causing economic loss, particularly in the context of monopolies. An action for drawing customers away from a market was allowed in 1310, and other monopolies were recognized under manorial customs, but a monopoly could not be acquired simply by being the first to use a trade in a particular place. A novel action of 1584 for infringing a trademark included elements of deceit and defamation, but there was as yet no concept of intellectual property. Monopolies granted by patent received a blow from a leading decision of 1602 concerning playing-cards. New kinds of economic tort were recognized in actions for intimidation (1621) and malicious injury in trade (1707), raising possibilities to be exploited in much later periods.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116264437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Assumpsit in lieu of debt 以假设代替债务
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/oso/9780198847809.003.0016
J. Baker
{"title":"Assumpsit in lieu of debt","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0016","DOIUrl":"https://doi.org/10.1093/oso/9780198847809.003.0016","url":null,"abstract":"Once it was established that the action of assumpsit would lie for nonfeasance, thoughts turned to using it for the non-payment of debts. This would enable the action of debt to be avoided, and thus prevent debtors from escaping their debts by waging law. The development was accepted by the King’s Bench in 1532, but resisted for over sixty years by the Common Pleas, which regarded wager of law as a right worth preserving. This chapter shows the arguments that were advanced on both sides, how the clash between the courts came to a head with the creation of the Exchequer Chamber in 1585, with jurisdiction to reverse King’s Bench judgments, and how the dispute was finally ended (by the barest majority) in Slade’s Case (1602). The 1602 decision was that every debt included an implied undertaking on which assumpsit would lie. This effectively put an end to wager of law.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123943098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Actions on the case for defamation 诽谤案的诉讼
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/oso/9780198847809.003.0025
J. Baker
{"title":"Actions on the case for defamation","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0025","DOIUrl":"https://doi.org/10.1093/oso/9780198847809.003.0025","url":null,"abstract":"The orthodoxy before 1500 was that the only remedy for defamatory words was a prosecution in the ecclesiastical courts. But it was a hard to deny a remedy if untrue words caused temporal damage, since damages could not be recovered in those courts. This chapter shows how actions on the case came to be available for causing temporal loss by words, and how indeed they became so common in the sixteenth century that the judges tried to discourage them by construing apparently defamatory words in a milder sense (‘in mitiori sensu’). Objections that such actions should not lie in respect of spiritual subject-matter, such as heresy or fornication, were overruled where temporal damage resulted. The final cases in the chapter show that the distinction between libel and slander was not the same, in its consequences, as that which became settled in later times.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128070802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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