Also known as: action on the case · trespass on the case · assumpsit · case
Written by attorneys · grounded in primary & secondary sources — see below
A historical common law form of action for tort claims in which damage constitutes the gist of the action and must be specifically alleged and proved.
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Angela Acosta, a federal employee, sued a superior for oral statements harming her professional reputation and causing lost promotions. She alleged and proved specific economic harm from the statements. The court treated the claim as an action on the case and required proof of actual damage as the essential element.
Adrian Aguilar sued a driver for injuries from a car accident but omitted a necessary party whose conduct contributed to the harm. The court ordered joinder and required Adrian to prove actual damages as the gist of his action on the case before proceeding.
Anika Anand obtained a verdict against a coworker for slander causing job loss. The defendant moved for a new trial. The court vacated the judgment because Anika had not sufficiently proved the required damage element in her action on the case.
Alan Ackerman sued a neighbor for statements damaging the value of his land. The court took judicial notice of a fact about local market conditions. It instructed the jury that Alan still had to prove actual damage as the gist of his action on the case.
Abigail Alvarez instructed her lawyer to pursue a claim for pecuniary loss from false statements. The lawyer followed those objectives and established the damage element required in an action on the case.
Amber Alonzo took possession under an invalid lease and suffered harm from the landlord's false statements about the property. She proved actual damage and recovered in an action on the case even though the lease itself was unenforceable.
Damage is the gist of the action. The historical writ required the plaintiff to allege and prove specified harm caused by the defendant's wrongful conduct.
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Trespass actions were complete upon the invasion of a protected interest without proof of damage. Actions on the case required proof of actual harm as an essential element.
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Negligence and strict liability claims require proof of damages because they descend from the common law writ in which damage formed the gist of the action.
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Marbury v. Madison <!-- acedexams opinion md v1 -- Case information - Court: Supreme Court of the United States - Decided: February 24, 1803 - Judges: Chief Justice Marshall Syllabus The Supreme Court of the United States has…