Action on the Case CASES

In English law, action on the case, also called “trespass on the case” or simply “case”, was a flexible common-law form of action historically used to claim damages for indirect or consequential harm. Unlike trespass, which covered direct and immediate injury, action on the case addressed harm arising indirectly or at a remove. Although the forms of action were abolished in the nineteenth century, action on the case laid the foundations for many modern torts, including negligence, nuisance, defamation, and deceit.

Definition and Principles

The forms of action were the procedural pathways by which claims could historically be brought. Trespass required direct interference; action on the case developed to address harm where the wrongful act caused indirect or consequential injury. The Statute of Westminster II (1285) permitted courts to create new writs “in consimili casu” (“in similar cases”), allowing action on the case to expand and adapt flexibly to new types of harm.

Common Examples

Common situations historically covered by action on the case include negligent misstatements causing economic loss, injuries arising indirectly (such as harm from negligently built structures), defamation harming a person’s reputation indirectly, and nuisances involving indirect interference with land use or enjoyment. Historically, the distinction between trespass (direct harm) and case (indirect harm) was central, although modern tort law now unifies these distinctions.

Legal Implications

The historical requirement in actions on the case was to plead and prove “special damage” – actual consequential loss. Without demonstrating such loss, claims failed. This principle still influences modern torts like negligence, where actionable damage (actual harm) remains essential. Modern negligence law directly descends from action on the case, inheriting principles of duty, breach, and consequential damage.

Practical Importance

Understanding the concept of action on the case helps law students and researchers interpret older cases and grasp why modern tort law emphasises consequential harm. Recognising this historical background clarifies why proving actual damage remains essential in torts like negligence today.

See also: Forms of action; Trespass; Negligence; Nuisance; Defamation; Deceit; Special damage; Statute of Westminster II.