assumpsit การใช้

• Even the fictitious assumpsit disappeared after the Act of 1852.
• The action evolved from the writ of " indebitatus assumpsit ".
• This fictitious assumpsit or promise was wiped out by the Common Law Procedure Act 1852.
• Just as forms of assumpsit replaced debt, so in the seventeenth century trover replaced detinue.
• A court determines that the promoter is entitled to an assumpsit on a " quantum meruit ".
• This form of pleading gave rise to the name of the action : " indebitatus assumpsit ".
• In the 16th century, litigants began to bring an action on the case instead : an action of assumpsit.
• In arrest of the judgment, Serjeant Adams contended that the plaintiff had improperly framed his action in case rather than in assumpsit.
• As a result, this kind of arrangement, would make letter of credit to be enforceable under the action assumpsit because of its promissory connotation.
• It was necessary to plead the fictitious assumpsit until the enactment of s . 3 of the Common Law Procedure Act 1852 ( Eng . ).
• The action for assumpsit ( or breach of promise to pay ) for Milton's use and occupation of Campbell's land was therefore proved.
• The Court held that " indebitatus assumpsit " lay to recover the profits received by the defendant after the grant of the office to the plaintiff.
• Assumpsit afforded a remedy to those who, like Williams, had paid money they did not owe typically as a result of fraud, duress, or mistake.
• In order to bring assumpsit, the plaintiff would plead that, the defendant being indebted to the plaintiff, the defendant had later promised to pay the debt.
• The plaintiff would allege that, because the defendant was indebted to the plaintiff, the defendant had undertook ( " assumpsit " ) to pay the money.
• Throughout its long history, the action of assumpsit has been used to enforce what are now referred to as obligations arising in tort, contract, and unjust enrichment.
• By the beginning of the 16th century lawyers recognised a distinct species of action on the case known as assumpsit, which had become the typical phrase in the pleadings.
• Holt CJ refused to nonsuit the plaintiff who sued on an indebitatus assumpsit to recover moneys he paid as executor to the defendant who held certain writings of the testator.
• Actions for debt were in the jurisdiction of the consideration to ground an assumpsit " and there had to be some " express " quid pro quo " ".