Action on the Case

Definition - What does Action on the Case mean?

Action on the case is a type of action that can be taken by plaintiffs in order to recover losses caused by an injury that was caused indirectly.

Action on the case was the precursor to the modern-day law of torts. This type of action was typically used historically. It is also known as "trespass on the case."

Justipedia explains Action on the Case

There is a set of circumstances that a plaintiff must prove in order to successfully sue for an action on the case.

First, he or she must prove that the defendant had a duty of care; second, that the duty had not been followed or performed; and third, that the failure to perform the duty resulted in harm to the plaintiff's property, or to his or her body. If all of these circumstances were successfully proved, then the plaintiff would have a good chance of winning the case, and being paid damages.

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