The ''Case of the Thorns'' (1466) YB 6 Ed 4, 7a pl 18 is an important historical court case from the King's Bench in
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
torts
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
. The
English case, which occurred in the 15th century, is the earliest record of a
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
court basing its decision on the now fundamental principle of
torts
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
: That if an individual suffers (civil) damages at the hand of another, that individual has a right to be compensated.
The case, technically cited as Hulle v. Orynge 1466. Y.B.M. 6 Edw. IV, folio 7, placitum 18., is still widely used in
American law schools in introductory tort classes.
Background
The defendant owned a 1-acre farm adjoining the plaintiff's 5 acres, which were separated by a hedge of thorn bush. The defendant was trying to retrieve thorns from a dividing hedge which had fallen onto the
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...
's property. In retrieving the thorns the
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
had damaged some of the plaintiffs crops; specifically he "trampled and damaged" the crops. The issue was whether the defendant was liable for trespass.
Rule
Although the
decision was divided, the majority held that if a person damages another's property there is a
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
even if the action that brought such damages was itself lawful. As Pigot, J states, "And so if a man has a fish-pond in his manor and he empties the water out of the pond to take the fishes and the water floods my land, I shall have a good action, and yet the act was lawful."
*One who voluntarily does an act which results in damages to another is responsible for the damages even if the act was lawful.
Report
This case excerpt was summarised in ''
Bessy v Olliot & Lambert[Bessey v. Olliot & Lambert, T. Raym. 467 (1681).]'' (1681) as follows.
See also
*
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding ...
*
English tort law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requi ...
References
1460s in law
English tort case law
English property case law
1466 in England
15th century in case law
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