Law 2101 Lecture 19: lecture 19 tort law I
28 Mar 2017
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Writ system standardized pleadings issued by chancery clerks on behalf od the king: plaintiff had to allege facts that would bring his case within standard form of writ. Increase in densely populated areas in 1800 england gave rise to increased tort litigation: writ system abolished in england, 1870. Defendants held liable it their conduct is voluntary and intentional directed by their conscious mind. Smith brought an action against stone of trespass, but he said he was carried there by force. Intent a(cid:374) a(cid:272)tor(cid:859)s desire to (cid:271)ring about the results or consequences of an act rather than desire to do the act itself. Gilbert v. stone (1648: gilbert brought an action for trespass defendant pleads he went into house for fear of his life and threat of harm if he did not take the gelding. Battery intentional bringing of a harmful or offensive physical contact. Assault more narrowly defined than in criminal law.
