trespass on the case

At common law, an action to recover damages that are not the immediate result of a wrongful act but rather a later consequence.

• This action was the precursor to a variety of modern-day tort claims, including negligence, nuisance, and business torts. — Often shortened to case.

— Also termed action on the case; breve de transgressione super casum. [Cases: Trespass 1, 16, 17. C.J.S. Trespass §§ 2, 4–5, 62–64, 70–74.]


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