! All India Bar Examination: Preparatory Materials! 122 The publication, in 1881, of Oliver Wendell the well known in consimili casu clause of Holmes, Jr.’s The Common Law represents, Edward I’s Statute of 1285, Westminster II, arguably, one of the ﬁrst relatively modern Chapter 24) that enabled a remedy for all efforts to analyse the fundamental problems of other cases not involving violence (by force or5 the common law, including tort law, in broad arms) but nonetheless causing injury or loss to 5 historic-philosophical terms. the plaintiff. For our purposes here, it is useful to brieﬂy Together, the actions (or writs) of trespass and highlight the connection between modern tort trespass on the case covered the whole ﬁeld of10 law and the history of the action of trespass, tortious liability. 10 and then comment brieﬂy on the origins of tort law in India. Illustration: The difference between trespass and trespass on the case is illustrated by the Early English law did not distinguish between classic example provided by the English case15 torts and crimes, and the early remedies for of Leame v. Bray, (1803) 3 East 593. A throws a 15 supposed wrongs included waging private heavy wooden log onto the road. If B is struck wars known as feuds. The early history of the by the rolling log, B could seek remedy law of torts, after its separation from the ideas through a trespass action against A since the of crime and criminal law, is intricately injury was direct and immediate. If, however,20 connected with the history of the action of B comes along later and is hurt by stumbling 20 early trespass (that originated as a personal over the stationary log on the road, B could remedy in the English courts during the 13th only maintain an action of trespass on the century). case. It is pertinent to note that trespass originated Tort Law in India25 as a remedy for those wrongs that had been 25 committed with force and with arms and that The early history of tort law in India is quite constituted a breach of the king’s peace (“vi et distinctive and warrants a few additional armis, et contra pacem Domini Regis”). comments.