Natura Brevium
   HOME

TheInfoList



OR:

''La Novelle Natura Brevium'' (1534) was a treatise on
English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
by Anthony Fitzherbert. It is often cited in judgments today across the
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 ...
world, and represents an important tract on the rules of common law in the 16th century. *On skill and care: "If a smith prick my horse with a nail, I shall have my action on the case against him, without any warranty by the smith to do it well"; and he supports it with an excellent reason: "for it is the duty of every artificer to exercise his art rightly and truly as he ought". (94D) *On
deceit Deception or falsehood is an act or statement that misleads, hides the truth, or promotes a belief, concept, or idea that is not true. It is often done for personal gain or advantage. Deception can involve dissimulation, propaganda and sleight o ...
: ‘And if a man play with another at dice, and he have false dice with which he playeth, and get the other’s money with these false dice, he who loseth his money may have his action upon the case for this deceit and the form of the writ is such… contriving deceitfully to defraud…’ (950) *On
trespass to land Trespass to land is a common law tort or crime that is committed when an individual or the object of an individual intentionally (or, in Australia, negligently) enters the land of another without a lawful excuse. Trespass to land is ''actionabl ...
: “If A. and B. have lands adjoining, where there is no enclosure, the one shall have trespass against the other on an escape of their beasts respectively, Dyer 372, Rastal Ent. 621, 20 Ed. 4. 10, although wild dogs, &c., drive the cattle of the one into the lands of the other.” (128)Disapproved by Blackburn J in ''
Rylands v. Fletcher ''Rylands v Fletcher'' (1868) LR 3 HL 330 is a leading decision by the Judicial functions of the House of Lords, House of Lords which established a new area of English tort law. It established the rule that one's non-natural use of their land, w ...
'' (1865-66) L.R. 1 Ex. 265, 282


See also

* Books of authority *
William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family i ...


Notes


External links


English translation of the book
courtesy of
Internet Archive The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music, ...
1534 books 1534 in law Legal treatises {{UK-law-book-stub