Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

indebitatus assumpsit

Read a random definition: recognition picketing

A quick definition of indebitatus assumpsit:

Term: Indebitatus Assumpsit

Definition: Indebitatus assumpsit is a legal term that refers to a promise, either express or implied, made by one person to another to do something or pay something. It is a common-law action for breach of such a promise or contract. In simple terms, it means that someone promised to do something or pay something, but they didn't follow through, so the other person can take legal action to get what was promised.

A more thorough explanation:

Definition: Indebitatus assumpsit is a legal term that refers to a type of action in which the plaintiff alleges that the defendant contracted a debt and, as consideration, had undertaken (i.e., promised) to pay. It is a form of action in which the plaintiff seeks to recover damages for the defendant's breach of an implied promise to pay a debt to the plaintiff. The action was equivalent to the common-law action for debt (an action based on a sealed instrument), but could be used to enforce an oral debt.

Examples: If a person verbally agrees to pay a certain price for a certain parcel of goods and fails to perform, an action of debt lies against them. However, if they agree for no settled price, they are not liable to an action of debt, but a special action on the case, according to the nature of their contract. In this case, the plaintiff must recover the whole debt they claim, or nothing at all. For the debt is one single cause of action, fixed and determined; and which therefore, if the proof varies from the claim, cannot be looked upon as the same action of debt. But in an action on the case, on what is called an indebitatus assumpsit, which is not brought to compel a specific performance of the contract, but to recover damages for its non-performance, the implied assumpsit, and consequently the damages for the breach of it, are in their nature indeterminate; and will therefore adapt and proportion themselves to the truth of the case which shall be proved, without being confined to the precise demand stated in the declaration.

Explanation: Indebitatus assumpsit is a legal term that refers to a type of action in which the plaintiff seeks to recover damages for the defendant's breach of an implied promise to pay a debt to the plaintiff. The examples illustrate how the action works in practice and how it differs from other types of legal actions. It is important to note that the action is not brought to compel a specific performance of the contract, but to recover damages for its non-performance. The damages for the breach of the implied promise are in their nature indeterminate and will adapt and proportion themselves to the truth of the case which shall be proved, without being confined to the precise demand stated in the declaration.

inde | indebiti solutio

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
LSD+ is ad-free, with DMs, discounts, case briefs & more.