Non Assumpsit - Law Dictionary Search Results
Home Dictionary Name: non assumpsitNon 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....
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....
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as a technical name, fell into desuetude with the passing of the Judicature Acts, 1873 and 1875, and is now generally superseded by the term 'action for breach of contract') was an action on the case, grounded originally on damages for breach of a promise; it lies for the recovery of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....
Non est factum
Non est factum ('I never made the deed'). This was a plea by way of traverse, which occurred in debt on bond or other specialty, and also in covenant. It denied that the deed mentioned in the declaration was the defendant's deed; under this, the defendant might contend at the trial that the deed was never executed in point of fact; but he could not deny its validity in point of law. And see Howatson v. Webb, (1908) 1 Ch 1, and ASSUMPSIT and PLEADING....
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