Implied Promise - Law Dictionary Search Results
Home Dictionary Name: implied promiseImplied promise
Implied promise, In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied. [Indian Contract Act, 1872, s. 9]...
implied promise
implied promise see promise ...
promise
promise : a declaration or manifestation esp. in a contract of an intention to act or refrain from acting in a specified way that gives the party to whom it is made a right to expect its fulfillment aleatory promise : a promise (as to compensate an insured individual for future loss) whose fulfillment is dependent on a fortuitous or uncertain event collateral promise : a promise usually to pay the debt of another that is ancillary to an original promise, is not made for the benefit of the party making it, and must be in writing to be enforceable false promise : a promise that is made with no intention of carrying it out and esp. with intent to deceive or defraud gratuitous promise : a promise that is made without consideration and is usually unenforceable called also naked promise compare nudum pactum NOTE: A gratuitous promise may be enforceable under promissory estoppel. illusory promise : a purported promise that does not actually bind the party making it to a particular p...
Assumpsit
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as a technical name, fell into desuetude with the passing of the Judicature Acts, 1873 and 1875, and is now generally superseded by the term 'action for breach of contract') was an action on the case, grounded originally on damages for breach of a promise; it lies for the recovery of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....
promise implied in fact
promise implied in fact see promise ...
promise implied in law
promise implied in law see promise ...
Marriage, Promise of
Marriage, Promise of, need not be in writing, although an 'agreement in consideration of marriage' must be, by s. 4 of the Statute of Frauds. So it was decided, overruling an earlier decision to the contrary, about 200 years ago, and the question does not appear to have been raised since 1717. In early times the spiritual courts enforced specific performance of the promise, and this jurisdiction was not formally abolished until the reign of George II., by 26 Geo. 2, c. 33. In an action for the breach of the promise, the parties were excepted amongst others) from the general abolition of admissibility of parties as witnesses under the Evidence Act,1851, but this exception was removed by the Evidence Further Amendment Act, 1869, under which, however, the plaintiff may not 'recover a verdict' unless his or her testimony be corroborated by some other material evidence in support of such promise. The mere non-answering of a letter is not, however, sufficient corroboration, Wiedman v. Walpol...
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. ...
Call
Call, 1, (1) The election of students to the degree of barrister-at-law, hence (2) the ceremony or epoch of election, and (3) the number of persons elected. See INNS OF COURT.2. The demand for payment of an instalment other than payments due at fixed dates by the terms of the prospectus or agreement to take shares, Croskey v. Bank of Wales, (1863) 4, 9 Giff 314, due upon shares. On the issue of shares a certain portion only of the issue price is usually demanded on allotment and at fixed dates thereafter: the balance is sometimes payable when demanded. In the case of limited companies the calls are limited to the total amount unpaid on each share. There is an implied promise by a purchaser of shares that he will indemnify the vendor against all future calls on shares, Spencer v. Asworth, Partington & Co., (1925) 1 KB 589. See COMPANY and CONTRIBUTORY; FLOATING CHARGE and TABLE A. (Articles 11 to 16).3. A Stock Exchange term for the right to buy stock or shares at a fixed price on a cer...
Chose
Chose [Fr., a thing]; it is used in divers senses, of which the four following are the most important:--(1) Chose local, a thing annexed to a place, as a mill, etc.(2) Chose transitory, that which is movable, and may be taken away, or carried from place to place.(3) Chose in action, otherwise called chose in suspense, a thing of which a man has not the possession or actual enjoyment, but has a right to demand by action or other proceedings, as a debt, bond, etc. A well-known rule of the Common Law was that no possibility, right, title, or thing in action, could be assigned to a third party, for it was thought that a different rule would be the occasion of multiplying litigation: as it would in effect be transferring a lawsuit to a mere stranger, though the assignee might, at law, and was assisted in equity to sue the debtor in the name of the assignor. At law, therefore, with the exception of negotiable instruments, an interesse termini, and some few other securities, this until 1873 c...
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