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Actions at Common Law
actions at common law
17
Law
Undergraduate 3
09/14/2010

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Term
Detinue
Definition
An action used when a defendant had unlawfully taken a chattel belonging to the plaintiff and then refused to return it If successful, defendant must return chattel or provide for its value. Started with bailments but expanded to chattels.
Term
Replevin
Definition
An action used when a lord had unlawfully distrained chattels from a tenant. This required the sheriff to locate the chattels and return them to the plaintiff pending the hearing. However, the plaintiff was required to give bond during this time in case the judgment should be for the defendant.
Term
Debt on the statute
Definition
Used to recover money required by a statute.
Term
Covenant
Definition
Used for the recovery of damages due to the breach of a sealed contract. The only remedy available for unliquidated damages.
Term
Trespass to the person
Definition
Assault, battery, or false imprisonment.
Term
Trespass de bonis asportatis
Definition
Theft or destruction of property in the plaintiff's possession or rightfully belonging to the plaintiff.
Term
Trespass quare clausum fregit
Definition
Trespassing unlawfully on plaintiff's property.
Term
Trespass on the case
Definition
Negligence, slander, malicious prosecution, fraud and deceit, nuisance,
Term
Trover
Definition
Unlawful appropriation of plaintiff's property by defendant. Similar to detinue but required a jury trial.
Term
Special assumpsit
Definition
Action used against persons who had agreed to perform a job for the plaintiff but had done it so poorly as to cause a loss to the plaintiff.
Term
General assumpsit
Definition
Used when a specific amount for a job was not agreed upon. Could be "quantum meruit" (as much as he deserved) or "quantum valebant" (as much as it was worth). Also quasi-contracts.
Term
Real actions
Definition
Actions used to recover real property.
Term
Ejectment
Definition
Used to recover land.
Term
Debt on the record
Definition
Used to recover money owed from a court proceeding.
Term
Debt on the contract
Definition
Used to recover money from an unsealed contract.
Term
Trespass
Definition
Used when someone directly infringes on another's legal rights.
Term
Debt
Definition
Used to recover a specific amount of money.
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