49 some public calling, such as ferryman, physician, but later extended to other cases of misperformance, and not long afterwards to cases of nonperformance of contractual promises. Even today, (and you will note in Topic TWO) the modern Tort of Trespass is concerned with direct injuries, whilst the Tort of Nuisance and Negligence (both derived from the action on the case) cover indirect injuries. This system of writs and Forms of Action dominated the Law of Torts and indeed, the whole Common Law system, until the Forms of Action were eventually abolished by the Common Law Procedure Act, in 1852. While it is no longer necessary for the plaintiff to plead any particular form of action , plaintiff must, nevertheless show that some recognised Tort has been committed and he can do this only by showing that the defendants conduct comes within ingredients contained in the definition of trespass, nuisance, as the case may be. One can only appreciate the ingredients if he or she appreciates the boundaries separating different torts (hence think in terms of old forms of action). Today, a cause of action in Tort means a factual situation which entitles one person to obtain a remedy from another person in the courts. Old law was replete with formalism. Forms of Action indicate how the Old Common Law was concerned with formality. While it is unnecessary today to attach a special label as “trespass” if pleaded facts sufficiently support the trespass claim, knowledge of the former Forms of Action: Trespass and Trespass on the case,
