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![]() ![]() History Roman law contained provisions for torts in the form of delict, which later influenced the civil law jurisdictions in Continental Europe, but a distinctive body of law arose in the common law word traced to English tort law. However, in Criminal law the term 'guilty' is used whereas in Tort law this is not the case and 'liable' is used instead. "innocence" (or blameless inadvertence) provided there is strict liabilityBoth laws also deter certain types of undesirable behaviour through liability. product liability (without negligence) in the US & the EU Some wrongs in later law codes were botleas 'without remedy' (e.g. Wīte (literally 'blame, fault') was paid to the king or holder of a court for disturbances of public order.Weregild, which was a murder fine based on a victim's worth, was intended to prevent blood feuds. In Anglo-Saxon law, most wrongs required payment in money or in kind ( bōt, literally 'remedy') to the wronged person or their clan. The trespass action was an early civil plea in which damages were paid to the victim if no payment was made, the defendant was imprisoned. Of novel disseisin, of mort d'ancestor, and of darrein presentment) were established in 1166 as a remedy for interference with possession of freehold land. A wrong became known as a tort or trespass, and there arose a division between civil pleas and pleas of the crown. Assessing intention was a matter for the court, but Alfred the Great's Doom Book did distinguish unintentional injuries from intentional ones, whereas culpability depended on status, age, and gender.After the Norman Conquest, fines were paid only to courts or the king, and quickly became a revenue source. Items or creatures which caused death were also destroyed as deodands. Later, after the Statute of Westminster 1285, in the 1360s, the "trespass on the case" action arose for when the defendant did not direct force. It may have arisen either out of the "appeal of felony", or assize of novel disseisin, or replevin. Although the details of its exact origin are unclear, it became popular in royal courts so that in the 1250s the writ of trespass was created and made de cursu (available by right, not fee) however, it was restricted to interference with land and forcible breaches of the king's peace. Convert mac key files for pcUnintentional injuries were relatively infrequent in the medieval period. Liability for common carrier, which arose around 1400, was also emphasized in the medieval period. Negligently handling fire was of particular importance in these societies given capacity for destruction and relatively limited firefighting resources. In 1401, the English case Beaulieu v Finglam imposed strict liability for the escape of fire additionally, strict liability was imposed for the release of cattle. The English Judicature Act passed 1873 through 1875 abolished the separate actions of trespass and trespass on the case. The restriction on assignment of a cause of action is a related rule based on public policy. In general, scholars of England such as William Blackstone took a hostile view to litigation, and rules against champerty and maintenance and vexatious litigation existed.
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