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A History of the Common Law of Contract: The Rise of the Action of Assumpsit

A. W. B. Simpson

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.001.0001
Subject:
Law, Legal History

The common law is one of the two major and successful systems of law developed in Western Europe, and in one form or another is now in force not only in the country of its origin but also in the ... More


Introduction

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0001
Subject:
Law, Legal History

This introductory chapter explains the coverage of this book, which is about the history of the action of assumpsit in England and its role in the English Contract Law. Though the origin of assumpsit ... More


7. The Rise of the Action of Assumpsit

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0008
Subject:
Law, Law of Obligations, Legal History

This chapter shows how, in the 16th century, the action of trespass on the case came to be established as the primary, ordinary remedy for the imposition of liability on informal contracts. The route ... More


The Statute of Frauds

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0017
Subject:
Law, Legal History

This chapter examines the history of the evolution of the action of assumpsit for breach of promise and the enactment of the Statute of Frauds and Perjuries in England. It suggests that the evolution ... More


Assumpsit and the Doctrine of Consideration

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0011
Subject:
Law, Legal History

This chapter examines the establishment of a firm association between the action of assumpsit and the doctrine of consideration in England during the 1560s. This connection was highlighted by the ... More


Implied Promises and Quasi-Contract

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0012
Subject:
Law, Legal History

This chapter examines the history of implied promises and quasi-contract in England. It explains that the 16th and 17th centuries saw the beginnings of the evolution of the branch of the law which ... More


Transmission of Liability on Death

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0015
Subject:
Law, Legal History

This chapter examines the history of the law of contract in England concerning the transmission of liability on death. During the Middle Ages, executors and administrators of estates were not in ... More


Pleading and Procedure in the Action for Breach of Promise

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0016
Subject:
Law, Legal History

This chapter examines the pleading and procedure in the action for breach of promise in England during the medieval period. It suggests that the declarations and pleadings in an assumpsit action were ... More


The Emergence of the Action of Assumpsit 1

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0005
Subject:
Law, Legal History

This chapter examines the history of the emergence of the action of assumpsit in England. The steady increase in the jurisdiction of the royal courts over actions for trespasses, or torts of wrongs, ... More


The Action for Breach of Promise

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0006
Subject:
Law, Legal History

This chapter examines the history of the action for breach of promise in England. It explains that the nonfeasance doctrine under the common law of 1400 prohibited litigants from using assumpsit as a ... More


The Relationship Between Assumpsit and the Older Remedies

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0007
Subject:
Law, Legal History

This chapter examines the historical relationship between assumpsit and the older remedies for debt issues in England. Problems on the scope of legal action concerning debt issues started to arise ... More


The Doctrine of Consideration —Introduction

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0008
Subject:
Law, Legal History

This chapter examines the role of the doctrine of consideration in the emergence of the action of assumpsit in England. It establishes the time at which the action of assumpsit became associated with ... More


Consideration in the Law of Uses

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0009
Subject:
Law, Legal History

This chapter examines the application of the equitable doctrine of consideration in the law of uses of land in England during the 16th century. It explains that the doctrine of consideration in land ... More


Negligence and Fault

Sir John Baker

in The Oxford History of the Laws of England: Volume VI 1483–1558

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198258179
eISBN:
9780191681806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258179.003.0041
Subject:
Law, Legal History

This chapter examines the law of torts relevant to negligence and fault in England during the Tudor period. The principal actions in which negligence or incompetence was formally alleged by the ... More


Assumpsit for Nonfeasance

Sir John Baker

in The Oxford History of the Laws of England: Volume VI 1483–1558

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198258179
eISBN:
9780191681806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258179.003.0049
Subject:
Law, Legal History

This chapter examines the concept and principle of assumpsit for nonfeasance under the law of contract in England during the Tudor period. During this period, assumpsit law was based on the ... More


Assumpsit for misfeasance

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0014
Subject:
Law, Legal History

The principal species of action on the case in the fourteenth century was that brought for a non-forcible wrong causing physical damage, such as negligence by a carrier or surgeon. The cases in this ... More


Assumpsit for nonfeasance

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0015
Subject:
Law, Legal History

Among the writs of assumpsit issued in the fourteenth century were some alleging a mere failure to do what was promised (nonfeasance), the harm being economic rather than physical. The cases in this ... More


Assumpsit in lieu of debt

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0016
Subject:
Law, Legal History

Once it was established that the action of assumpsit would lie for nonfeasance, thoughts turned to using it for the non-payment of debts. This would enable the action of debt to be avoided, and thus ... More


Assumpsit against executors for money

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0017
Subject:
Law, Legal History

The decision in Slade’s Case (1602) that the action of assumpsit could be brought for not paying a debt left open the question whether it would lie against a debtor’s executors. Executors had been ... More


Various developments of the money counts

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0018
Subject:
Law, Legal History

This chapter shows how the action of assumpsit for money, usually in the fictional form known as indebitatus assumpsit, was extended in the seventeenth century to cover situations beyond the reach of ... More


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