Legal Definitions - actiones legis

Actiones nominatae refers to specific types of legal claims or lawsuits that, in historical English law, had a recognized and established form or procedure for bringing them before a court, particularly the Court of Chancery. These were "named actions" because they fit into pre-existing categories with defined processes, rather than being entirely novel or unique claims that required the court to invent a new procedure.

Here are some examples illustrating this concept:

• Example 1: Claim for Breach of Covenant

  Imagine a historical scenario where two landowners had a formal written agreement (a covenant) stating that one would maintain a shared boundary wall. If one landowner failed to uphold their end of the agreement, the other could bring an actiones nominatae for breach of covenant. This was a well-understood type of claim with established procedures and remedies within the Chancery court, allowing the aggrieved party to seek specific performance (forcing the wall to be repaired) or damages according to a recognized legal framework.

• Example 2: Action for Recovery of a Specific Debt

  Consider a situation in the 17th century where a lender provided a specific sum of money to a borrower, and the borrower later refused to repay it as agreed. The lender would initiate an actiones nominatae for the recovery of debt. This was a standard legal action with a clear process for proving the debt and seeking its repayment, fitting within the established forms of the Chancery court for such financial disputes. The court didn't need to create a new type of lawsuit; it simply applied the existing, named action.

• Example 3: Suit for Specific Performance of a Land Contract

  Suppose two parties entered into a contract for the sale of a unique piece of land, but before the transaction was complete, one party decided to back out. The other party, wanting the land itself rather than just monetary compensation, could pursue an actiones nominatae seeking specific performance. This was a recognized equitable remedy where the court would compel the defaulting party to fulfill the terms of the contract. The procedures for seeking specific performance were well-defined within the Chancery's jurisdiction, making it a "named action" with a clear path to resolution.