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The early 17th century England the common law history of damages

Author: ZhangChuanZuo
Tutor: ZengErShu
School: China University of Political Science
Course: Legal History
Keywords: Damages Common law Forms of action
CLC: D956.1
Type: Master's thesis
Year: 2008
Downloads: 51
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Abstract

\In the legal history of England, the system of legal remedies due to the common law and equity of the two legal entities of discrete different internal common law, and because the distinction of forms of action are different. In the relief system, the damages are unique to the common law, common law, private law, especially contract law and tort law damages as the main means of relief. Damages for the damage to the shift in the historical changes in compensation and specific relief, and damages in the independent existence of the common law and damages the development of contract law and tort law, is the main content of this article. By examining the history, this paper considers: the emergence of damages is the recent occupation of the complaint a direct result of the development of its own characteristics, damages independence is an inevitable requirement of the common law action in the form of damages applicable limit is the refinement of the litigation in the form side effects of the different aspirations of the damages is the separation performance of the common law contract and tort law. In the process of language, the general time has as a clue, for the exposition of the process, cause and effect, is divided into four chapters. In the preamble to clarify the definitions, and make the article range limited. The first chapter is an overview of the compensation mechanism of the emergence and development of the background common law damages. This section describes two aspects of development of the royal family court system and its jurisdiction and the writ system, made a summary of the institutional factors which affect the damages. Theory and historical facts from the equity in the second chapter of the emergence and development, focusing the equity does not provide an independent reason of damages relief, the nature of the compensation and equity on the damage. The third chapter is the main part of this paper focus on the pen and ink to explore the history of damages on the common law before the beginning of the 17th century. This chapter criteria for the classification of targets and time-specific forms of litigation, in turn damages before and after the recent occupation of the complaint \and damages the relationship between \Aspects of the final form of the fourth chapter is the conclusion of this article, the development of the history of the damages as a whole description of damage compensation and specific relief, damage to the underlying causes of the emergence and development of compensation and its common law, private law system do induction and sublimation.

The early 17th century England the common law history of damages

Abstract

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