La Novelle Natura Brevium
Encyclopedia
La Novelle Natura Brevium (1534) was a treatise on English law
by Anthony Fitzherbert
. It is often cited in judgments today across the common law
world, and represents an important tract on the rules of common law in the 16th century.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
by Anthony Fitzherbert
Anthony Fitzherbert
Sir Anthony Fitzherbert was an English judge, scholar and legal author, particularly known for his treatise on English law, New Natura Brevium .-Biography:...
. It is often cited in judgments today across the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
world, and represents an important tract on the rules of common law in the 16th century.
- On skill and careDuty of careIn tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
: "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: ‘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 landTrespass to landTrespass to land is a common law tort that is committed when an individual or the object of an individual intentionally enters the land of another without a lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done...
: “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)
External links
- English translation of the book courtesy of Internet ArchiveInternet ArchiveThe Internet Archive is a non-profit digital library with the stated mission of "universal access to all knowledge". It offers permanent storage and access to collections of digitized materials, including websites, music, moving images, and nearly 3 million public domain books. The Internet Archive...