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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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The Action for Breach of Promise

The Action for Breach of Promise

Chapter:
(p.248) II 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/9780198255734.003.0006

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.

Keywords:   breach of promise, common law, assumpsit, nonfeasance doctrine, court cases

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