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assumpsit
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assumpsit
assumpsit (əˈsʌmsɪt) [L. = ‘he has taken upon himself,’ perf. ind. of assūmĕre to assume.] 1. A taking upon oneself, an undertaking; spec. in Law. a. A promise or contract, oral or in writing not sealed, founded upon a consideration. b. An action to recover damages for breach or non-performance of s...
Oxford English Dictionary
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Assumpsit
Assumpsit ("he has undertaken", from Latin, assumere), or more fully, action in assumpsit, was a form of action at common law used to enforce what are Assumpsit in lieu of debt
The question that arose in the 16th century was whether assumpsit could be brought in lieu of debt.
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non assumpsit
‖ non assumpsit Law. (nɒn əˈsʌmpsɪt) [L. = ‘he did not undertake’.] A plea in an action of assumpsit by which the defendant denies that he made any promise or undertaking.1631 Star Chamb. Cases (Camden) 78 That the plaintiff had brought an action of the case against Rickby, the defendant, and upon n...
Oxford English Dictionary
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Collet v. Collet
Collet originated as an assumpsit case in Pennsylvania state court, but eventually came to the federal Circuit Court in Philadelphia where the Circuit
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tortfeasor
tortfeasor Law. (ˈtɔːtˌfiːzə(r)) [a. OF. tortfesor, tort-faiseur, torfesor, f. tort wrong, evil + -fesor, faiseur doer. (In OF. tortfesor, tort is an adj. qualifying fesor; hence pl. torzfesors.)] One who is guilty of a tort; a wrong-doer, trespasser.1659 Croke Reports ii. (1669) 383 He is meerly a ...
Oxford English Dictionary
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Quasi-contract
History
In common law jurisdictions, the law of quasi-contract can be traced to the medieval form of action known as indebitatus assumpsit. The form of action known as indebitatus assumpsit came to include various sub-forms known as the common money counts.
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Compurgation
No wager of law was allowed in assumpsit, even though the cause of action were a simple debt. This led to the general adoption of assumpsit – proceeding originally upon a fictitious averment of a promise by the defendant – as a means of recovering
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Sebastián de Vivanco
Vivanco: Missa Assumpsit Iesus. Musica Reservata de Barcelona. Bruno Turner. La mà de guido 2045.
2003 - Sebastian de Vivanco. In Manus Tuas. Missa Assumpsit Jesus. Motets. De Profundis. Robert Hollingworth. Hyperion.
2022 - Sebastian de Vivanco- Libro de Motetes 1610, vol. 2.
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Sprat v Agar
It was one of a number of early cases in the development of how the writ of assumpsit came to allow third parties with no direct involvement to a contract
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Lampleigh v Brathwait
Lampleigh v Brathwait [1615] EWHC KB J 17, (1615) Hobart 105, 80 ER 255 is a case on implied assumpsit and past consideration in English contract law. Judgment
The Court of the King's Bench held that there was an implied understanding (i.e. implied assumpsit, or "assumption" of obligation) that a fee
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Slade's Case
by the modern and effective assumpsit, which soon became the main cause of action in contract cases. It was heard under assumpsit, and the jury found that Morley indeed owed Slade money.
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Baltic Shipping Company v Dillon
averments, the debt or obligation and the assumpsit . in covenant or on a special assumpsit was available.
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Brown v. Van Braam
Under the same practice the court may assess the damages in an action of assumpsit on a foreign bill payable in pounds sterling.
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Pinchon's case
Pinchon's case was an early court case and precedent in assumpsit.
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