Legal Definitions - insimul computassent

Insimul computassent is a historical legal term originating from Latin. In old common law, it referred to a specific type of claim made in an action for "assumpsit" (a promise or undertaking). This claim asserted that two parties had jointly reviewed their financial accounts or transactions, and following this review, one party (the defendant) voluntarily acknowledged and agreed to pay a specific sum of money to the other party (the plaintiff).

Essentially, it was a way to sue for a debt where the exact amount owed had been mutually agreed upon by both parties after a thorough, joint accounting of their financial dealings.

Here are some examples illustrating the concept of insimul computassent:

• Business Partnership Dissolution: Imagine two partners, Sarah and Tom, decide to dissolve their small artisanal bakery business. They sit down together, meticulously going through all the sales records, expense receipts, and outstanding invoices. After several hours of review, they agree that based on their shared contributions and withdrawals, Tom owes Sarah a final sum of $7,500 to balance their accounts and finalize the partnership's closure. If Tom later refused to pay, Sarah could have historically used an insimul computassent claim, asserting that they had jointly accounted, and Tom had voluntarily agreed to the $7,500 payment.

• Merchant and Customer Credit: Consider a historical scenario where a local shopkeeper, Mr. Henderson, regularly supplied goods on credit to a prominent farmer, Mr. Davies, over several months. At the end of the harvest season, Mr. Henderson and Mr. Davies meet. They review Mr. Henderson's ledger of goods supplied and Mr. Davies's records of partial payments. After reconciling their books, Mr. Davies acknowledges and agrees that he owes Mr. Henderson a final balance of £120 for the outstanding goods. If Mr. Davies subsequently failed to pay, Mr. Henderson's claim would be based on this mutual accounting and agreement, fitting the description of insimul computassent.

• Landlord-Tenant Settlement: Picture a tenant, Emily, moving out of a rented property after a year. Her landlord, Mr. Peterson, has kept records of rent payments, utility contributions, and minor repair costs that were the tenant's responsibility per their agreement. Emily and Mr. Peterson meet to settle the final accounts. They go through each item, cross-referencing their records. They mutually agree that after deducting the security deposit and accounting for all charges, Emily owes a final amount of $350 for the last month's utilities and a small repair. This joint review and Emily's voluntary agreement to pay that specific sum would be the basis for an insimul computassent claim if she later reneged on the payment.