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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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Assumpsit and the Doctrine of Consideration

Assumpsit and the Doctrine of Consideration

Chapter:
(p.406) VII Assumpsit and the Doctrine of Consideration
Source:
A History of the Common Law of Contract
Author(s):

A.W.B. Simpson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198255734.003.0011

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 setting of the requirement to aver consideration in the pleadings, and the importance of the doctrine of consideration was emphasized by the fact that at no time was any particular form of words required to count as a promise. This chapter provides examples of relevant court cases.

Keywords:   action of assumpsit, doctrine of consideration, pleadings, court cases, promises

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