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A History of the Common Law of ContractThe Rise of the Action of Assumpsit$
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A. W. B. Simpson

Print publication date: 1987

Print ISBN-13: 9780198255734

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198255734.001.0001

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Pleading and Procedure in the Action for Breach of Promise

Pleading and Procedure in the Action for Breach of Promise

Chapter:
(p.574) XII Pleading and Procedure in the Action for Breach of Promise
Source:
A History of the Common Law of Contract
Author(s):

A.W.B. Simpson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198255734.003.0016

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 not stereotyped and contained forms drawn by acknowledged masters. The basic structure of a declaration in assumpsit may be illustrated by an action brought by a clerk against a defendant to claim payment of a quantum meruit for drawing a declaration.

Keywords:   breach of promise, pleading, assumpsit, legal procedure, quantum meruit, declarations, pleadings

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