A.W.B. Simpson
- 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 ...
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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 complete substitute for the action of covenant. During this period, nonfeasance exercised a powerful restraining influence over the development of assumpsit. This chapter discusses relevant court cases concerning the action for breach of promise.Less
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 complete substitute for the action of covenant. During this period, nonfeasance exercised a powerful restraining influence over the development of assumpsit. This chapter discusses relevant court cases concerning the action for breach of promise.