Assumpsit - Law Dictionary Search Results
Home Dictionary Name: assumpsitAssumpsit
Assumpsit [he undertook] (to pay or perform) as set forth of the defendant by the plaintiff in the ancient pleading. The action of assumpsit (which, as a technical name, fell into desuetude with the passing of the Judicature Acts, 1873 and 1875, and is now generally superseded by the term 'action for breach of contract') was an action on the case, grounded originally on damages for breach of a promise; it lies for the recovery of damages for loss or injuries sustained by reason of the breach or non-performance of a promise, either express or implied, not under seal, but founded on a proper consideration. See PLEADING.The ordinary division of this action was into (1) common or indebitatus assumpsit, brought for the most part on an implied promise; and (2) special assumpsit, founded on an express promise, Steph. Plead., 7th ed., 11, 13....
assumpsit
assumpsit [Medieval Latin, he/she undertook] : an express or implied promise or contract or quasi contract the breach of which may be grounds for a suit ;also : a common-law action that may be brought for such a breach compare covenant, debt NOTE: The action of assumpsit developed in early English law and is still available in the U.S. in some jurisdictions. ...
Indebitatus assumpsit
Indebitatus assumpsit [Lat.] (being indebted he undertook), that species of the action of assumpsit in which the plaintiff first alleged a debt, and then a promise in consideration of the debt. Since the Judicature Acts, obsolete as a technical form of action. See PLEADING....
Non assumpsit
Non assumpsit (he did not promise), a plea by way of traverse, which occurred in the action of assumpsit or promises. This plea operated as a denial in point of fact of the existence of any express promise to the effect alleged in the declaration, or of the matters of fact from which the promise alleged would be implied by law: see Steph. Plead., 7th ed. 154, 160. See, too, as to the effect of the plea, Bullen and Leake's Prec. of Pleadings....
VerbarNon assumpsit
The general plea or denial in an action of assumpsit...
Non assumpsit infra sex annos
Non assumpsit infra sex annos (he did not promise within six years). this was the form of pleading the Statute of Limitations. See LIMITATION and PLEADING....
covenant
covenant 1 : an official agreement or compact [an international on human rights] 2 a : a contract in its entirety or a promise within a contract for the performance or nonperformance of a particular act [a not to sue] ;specif : a promise relating to the transfer, possession, or ownership of real property see also covenant not to compete, restrictive covenant b : a warranty in a deed assuring the grantee esp. against defects in title [a for quiet enjoyment] see also run 3 : a common-law action to recover damages for breach of a contract under seal compare assumpsit, debt covenant vb ...
debt
debt [Old French dette, ultimately from Latin debita, plural of debitum debt, from neuter of debitus, past participle of debere to owe] 1 : something owed: as a : a specific sum of money or a performance due another esp. by agreement (as a loan agreement) [to pay the s…of the United States "U.S. Constitution art. I"] [a for alimony] b : an obligation to pay or perform on another's claim [discharged the ] compare asset, equity NOTE: It is often up to the courts to decide what is or is not a debt under various laws. Courts disagree whether criminal restitution is a debt under the Bankruptcy Code. The historical practice of imprisoning debtors for nonpayment is no longer used. antecedent debt : debt that is incurred prior to a property transfer paying or securing the debt compare preference bad debt : a debt that cannot be collected NOTE: An income tax deduction is allowed for bad debts. consumer debt : debt that is incurred by an individual primarily for the purchase of ...
form of action
form of action :any of the personal actions (as assumpsit, detinue, or replevin) formerly brought at common law see also writ NOTE: Rule 2 of the Federal Rules of Civil Procedure states “there shall be one form of action to be known as ‘civil action.’ ” ...
quantum meruit
quantum meruit [Latin, as much as he/she deserved] 1 : a claim or count grounded on an implied contract that the defendant would pay the plaintiff as much as deserved for services or materials provided ;specif : a count in a common-law action for assumpsit claiming payment of the value of labor provided 2 : a theory or doctrine that permits recovery by a party for services or materials provided despite the absence of an express contract when they were accepted and used by the defendant under circumstances which gave reasonable notice that the plaintiff expected to be paid for them compare unjust enrichment ...
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