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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


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


The Revolution in Consideration Doctrine

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0002
Subject:
Law, Legal History

In the latter part of the nineteenth century, the requirement of consideration became entrenched as one of the most distinctive features of the common law, especially when compared with the contract ... More


Consideration and the Canon Law 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/9780198255734.003.0010
Subject:
Law, Legal History

This chapter examines the historical connection of the doctrine of consideration with the ideas developed in the medieval canon law in England. Though the existence of this connection is hardly open ... 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


Responding to Revolution: Moving Gifts and Consideration Through the Twentieth Century

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0004
Subject:
Law, Legal History

The case law regarding gifts sheds light on classical theorizing of private law in general and on the workings of the classical doctrine of consideration in particular. Despite the success of ... More


The Promise and Its Validity

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/9780198255734.003.0013
Subject:
Law, Legal History

This chapter examines the evolution of the rules of law in England during the 16th and 17th centuries to deal with possible grounds upon which promises would not be actionable. During this period, ... More


Third Party Rights in Contract: Jus Quaesitum Tertio

HECTOR L. MACQUEEN

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0009
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter outlines the history of the jus quaesitum tertio of Scots law by examining cases and historical accounts that reveal the introduction and existence of the third party rights in contracts ... More


Introduction: The Imagined Individual at the Borders of Contract

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0001
Subject:
Law, Legal History

This book traces the history of contract and contract law in the United States. It challenges conventional wisdom that our current conception of contract is the result of gradual, piecemeal ... More


Conclusion: Undermining the Metaphysics of Contract

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0013
Subject:
Law, Legal History

The processes through which the West learned to imagine individuals as rational, autonomous, calculating, and calculable date back to the sixteenth century. This process of imagining the individual ... More


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