发布求助
文献互助 智能选刊 最新文献

Baker and Milsom Sources of English Legal History最新文献

筛选
英文 中文
Trespass on the case 非法侵入案件
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/oso/9780198847809.003.0013
J. Baker
{"title":"Trespass on the case","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780198847809.003.0013","url":null,"abstract":"In the fourteenth century a variety of new kinds of action appeared in the royal courts as a result of allowing writs of trespass to be issued without the ‘force and arms’ clause. In such writs the plaintiff had to set out the gist of his ‘special case’ in lieu of the generalized assertion of force. This chapter shows how contemporaries regarded ‘actions on the case’ and what was considered to be their range. Some later discussions in the chapter show lawyers trying to rationalize the distinction between ‘trespass’ (that is, trespass with force and arms) and ‘case’ in terms of physical directness.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"211 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":"131683025","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
Executory interests under the Statute of Uses 《使用法》规定的执行权益
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/oso/9780198847809.003.0005
J. Baker
{"title":"Executory interests under the Statute of Uses","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198847809.003.0005","url":null,"abstract":"This chapter shows how lawyers grappled with the effect of the Statutes of Uses and Wills on future interests in land, and the possibilities which they seemed to introduce for creating new kinds of estates in land. The legislation seemingly transformed land law by giving legal effect to a party’s wishes, in the first case by ‘executing the use’ and in the second by giving force to a testator’s ‘free will and pleasure’. Conveyancers thought for a time that this gave them the means of creating perpetual settlements of a family’s land. A number of leading cases reported by Coke show how perpetuity clauses were eventually outlawed by the judges, and how executory interests were to a limited extent subjected to principles of law. The chapter ends with Lord Nottingham’s formulation of a doctrine of perpetuities in 1682.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"31 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":"127227462","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
Covenant 约
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/obo/9780195393361-0225
J. Baker
{"title":"Covenant","authors":"J. Baker","doi":"10.1093/obo/9780195393361-0225","DOIUrl":"https://doi.org/10.1093/obo/9780195393361-0225","url":null,"abstract":"The writ of covenant lay to enforce agreements, but it came to be restricted by formality. This chapter is principally devoted to the evolution of the rule requiring a deed - a written document under seal - to evidence a covenant. There was no clear rule before 1321, and it was at first possible to wage law in covenant actions, or to refer them to a jury. From 1292, however, there are signs of a nascent principle, of uncertain scope, that a plaintiff might fail unless he had written evidence of the covenant in the form of a sealed deed. The reports are all of exceptions to this principle – which is not directly explained – until in 1321 it was clearly stated as a general rule of evidence. It was a rule which applied only in the royal courts and did not, therefore, import any narrow understanding of what a covenant was. And the deed did not preclude a plea of performance, since it was evidence only of the covenant, not of its breach.","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":"128976406","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
Family interests and settlements at common law 普通法上的家庭利益和财产分配
Baker and Milsom Sources of English Legal History Pub Date : 2019-07-04 DOI: 10.1093/oso/9780198847809.003.0003
J. Baker
{"title":"Family interests and settlements at common law","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198847809.003.0003","url":null,"abstract":"The cases in this chapter relate to property provisions for widows (dower), widowers (curtesy), younger sons, and daughters. A group of reports throws light on the difficulties in interpreting conditional gifts restricted to descendants, culminating in the Statute De Donis (1285) and its outcome, the statutory fee tail. Later reports show the perplexity occasioned over the legal nature of the fee tail and its durability. There are also discussions of the common recovery as a method of barring the entail, of the concept of the remainder, and of doubts about the validity of contingent remainders.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"68 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":"127230336","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 for nonfeasance 假设不作为
Baker and Milsom Sources of English Legal History Pub Date : 2003-09-18 DOI: 10.1093/acprof:oso/9780198258179.003.0049
J. Baker
{"title":"Assumpsit for nonfeasance","authors":"J. Baker","doi":"10.1093/acprof:oso/9780198258179.003.0049","DOIUrl":"https://doi.org/10.1093/acprof:oso/9780198258179.003.0049","url":null,"abstract":"Among the writs of assumpsit issued in the fourteenth century were some alleging a mere failure to do what was promised (nonfeasance), the harm being economic rather than physical. The cases in this chapter show how the availability of such actions was controversial for nearly a century. Assumpsit for misfeasance had been allowed without dispute, because the misfeasance would have been a tort even without the undertaking. But assumpsit for nonfeasance rested wholly on a contractual agreement and arguably required written evidence of the agreement, if not a different writ (covenant). During the fifteenth century the action was established, after much debate, by deploying the concepts of bargain, reliance, and deceit. It enabled contracts to be enforced although there was no sealed agreement, as was required in the action of covenant. The turning point was Doige’s Case (1442), in which damages were recovered against a defaulting vendor of land.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114060251","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
首页 上一页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：481959085
Book学术官方微信