Legal Definition and Related Resources of Indebitatus assumpsit
Meaning of Indebitatus assumpsit
(Lat.) In pleading. That species of action of assumpsit in which the plaintiff alleges, in his declaration, first a debt, and then a promise in consideration of the debt to pay the amount to the plaintiff. It is so called from the words in which the promise is laid in the Latin form, translated in the modern form, “being indebted he promised.” The promise so laid is generally an implied one only. See 1 Chit. PI. 334; Steph. PL 318; 4 Robinson, Prac. 490 et seq.; Yelv. 21; 4 Coke, 92b. This form of action is brought to recover in damages the amount of the debt or demand. Upon the trial the jury will, according to evidence, give verdict for whole or part of that sum. 3 Sharswood, Bl. Comm. 155; Selw. N. P. 68, 69 et seq. Indebitatus assumpsit is in this distinguished from “debt” and “covenant,” which proceed directly for the debt, damages being given only for the detention of the debt. Debt lies on contracts by specialty as well -as by parol, while indebitatus assumpsit lies only on parol contracts, whether express or implied. Browne, Actions at Law, 317. For the history of this form of action, see 3 Reeve, Hist. Com. Law; 2 Comyn, Cent. 549-556; 1 H. Bl. 550, 551; 3 Bl. Comm. 154; Yelv. 70. See “Assumpsit.”
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| Related topics | Indebitatus Assumpsit in the World Encyclopedia of Law |
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This definition of Indebitatus Assumpsit is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Concept of “Indebitatus Assumpsit”
Traditional meaning of indebitatus assumpsit in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) Being indebted, he undertook; see ASSUMPSIT; 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 155; Robinson’s Elementary Law Rev. ed.; § 255. Indebitatus nunquam: never indebted.
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Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Indebitatus Assumpsit”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
See Also
Indebitatus Assumpsit
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