''Shepton v Dogge'' (1442) B&M 390J Baker and Milsom, ''Sources of English Legal History'' (1986) 390 is an old

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...

case, concerning the action for debt, and exemplifying the manner in which litigants had to make claims in deceit, or other forms of action that were recognised by the primitive legal system.

Facts

The defendant agreed, in

London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...

, to sell and convey land outside London to the plaintiff. She took the money, but then conveyed the land to a third party. The plaintiff sued in

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 ...

. Had the land been inside the city, the action could have been brought in city courts by London’s custom. This would have meant actions in covenant did not require documents under a seal. The normal remedy would be

specific performance Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, ...

. Moreover, if one had put it out of their power to perform, they would be imprisoned until they could repay.

Judgment

Held, damages were awarded.

Notes

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References

* English contract case law 1440s in law 1442 in England

Facts

Judgment

See also

Notes

References