Case Action On The - Law Dictionary Search Results
Home Dictionary Name: case action on theCase, action on the
Case, action on the. The action on the case lay where a party sued for damages for any wrong or cause of complaint (such as negligence, or breach of contract not under seal) to which covenant or trespass did not apply. Statutory sanction was obtained for this form of action under the Statute of Westminster 2 (13 Edw. 1, c. 24), which regulated and limited the increasing practice of framing new writs by officers of the Crown and empowered the Clerks in Chancery to frame new writs in consimili casu with writs then in existence, see Pollock on Torts and Law Quarterly Review, Vol. 52, p. 68. Under the statutory sanction many new writs which were analogous to the writ of trespass, or in consimili casu with that action, were invented and issued under the appellation of 'trespass on the case' (brevia 'de transgressione super casum') 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 them...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
case
case [Latin casus accident, event, set of circumstances, literally, act of falling] 1 a : a civil or criminal suit or action [the judicial power shall extend to all s, in law and equity, arising under this Constitution "U.S. Constitution art. III"] see also controversy case at bar : a case being considered by the court [the facts of the case at bar] case of first im·pres·sion : a case that presents an issue or question never before decided or considered by the court com·pan·ion case : a case that is heard with another case because it involves similar or related questions of law test case 1 : a representative case whose outcome will serve as precedent for future cases and esp. for pending cases involving similar or related issues or circumstances and often some of the same parties NOTE: A test case is selected from a number of cases in order to avoid a flood of litigation. All of the parties to the cases must agree to accept the outcome of the test case as bi...
class action
class action : an action in which a representative plaintiff sues or a representative defendant is sued on behalf of a class of plaintiffs or defendants who have the same interests in the litigation as their representative and whose rights or liabilities can be more efficiently determined as a group than in a series of individual suits called also class action suit class suit see also certification compare consolidate, joinder test case at case NOTE: Rule 23 of the Federal Rules of Civil Procedure sets out the prerequisites for having an action certified as a class action in federal court. Section (a) permits a class action if “(1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.” If th...
Special case
Special case. By (English) R.S.C. 1883, Ord. XXXIV., the parties may, after writ issued, concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court, and 'if it appear to the Court or a judge that there is in any action a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or an arbitrator, the Court or judge may make an ordr accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case, or in such other manner as the Court or judge may deem expedient.' Similar power is given to referees to state a case by Ord. XXXVI., r. 52, and see the (English) Administration of Justice Act, 1932 (22 & 23 Geo. 5, c. 55). As to special case before the Judicature Acts, see (English) C.L.P. Act, 1852, ss. 42-48, and 13 & 14 Vict. c. 35 [(English) Turner's Act]. Where ...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
Use and occupation, Action for
Use and occupation, Action for, an action for dam-ages upon the case for breach of an implied agreement to pay for the use of a landlord's property under the Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 14, whereby it is enacted that it shall be lawful for the landlord, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenements, or hereditaments held or occupied by the defendant in an action on the case, for the use or occupation of what was so held or enjoyed; and if in evidence on the trial of such action any parole demise, or any agreement (not being by deed) whereon a certain rent was reserved, shall appear, the plaintiff in such action shall not therefore be non-suited, but may make use thereof as an evidence of the quantum of the damages to be recovered. Apparently, the action is not for damages ex delictu, because the action is not maintainable against a trespasser or wrong-doer, an action for debt on the demise but not upon covenant ...
Joinder of causes of action
Joinder of causes of action, coupling two or more matters in the same suit or proceeding.Under the (English) C.L.P. Act, 1852, s. 41, causes of action, of whatever kind, provided they were by and against the same parties and in the same rights, might be joined in the same suit; but this did not extend to repelling or ejectment; and where two or more of the causes of action so joined were local, and arose indifferent counties, the venue might be laid in either of such counties, but the court or a judge had power to prevent the trial of different causes of action together if such trial wound be inexpedient, and in such case such court or judge might order separate records to be made up, and separate trials to be had. The joinder in one bill in equity of distinct and independent matters, which was termed multifariousness, was a ground of objection to the bill. See MULTIFARIOUSNESS.By (English) R.S.C. 1883, Ord. XVIII., the plaintiff may in many cases unite in the same action and the same ...
Action
Action, conduct, something done; also the form prescribed by Law for the recovery of one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are more properly called prosecutions, and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. There were formerly three classes of actions in England: personal actions, in which the plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right to possession of land. All forms of action are now abolished, but there still inevitably remains the distinction between actions in personam brou...
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