break into his house
viet armis
(with the force of arms).
An injury is
direct
when it follows so immediately upon the act of the defendant
that it may be termed to be part of the act. It is
consequential
when, by reason of
some obvious and visible intervening cause, it is regarded, not as part of the
defendant’s act, but merely a consequence of it.
46
Words and phrases in law are never used in vain. The words
forcible
,
direct
and
immediate
are still very important today in so far as drawing a distinction
between Trespass action and other Tortious Liabilities. For instance, where a
defendant throws a log of wood at the plaintiff, striking the plaintiff walking
along the road, there is
forcible
,
direct
and
immediate
injury and hence
trespass.
47
Trespass on the Case
On the other hand, an action relying on the
writ of Trespass on the Case
covered all injuries that were
indirect
and
consequential
or
non-forcible
. Today,
the Law of Tort applicable in Tanzania still bears the historical marks of
distinction between the
writ of Trespass
and the
writ of Trespass on the Case
.
For instance where a defendant negligently leaves a log of wood along the road
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