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Simple English definitions for legal terms
work and labor
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A quick definition of work and labor:
Work and labor: A term used in legal cases where someone is suing for payment for the work they have done or the materials they have provided. It is a type of promise, either express or implied, that one person makes to another to do something or pay something. There are different types of actions that can be taken based on the type of promise made, such as general assumpsit or special assumpsit.
A more thorough explanation:
Definition: Work and labor. Hist. A common count in an action of assumpsit for the work and labor performed and materials furnished by the plaintiff. See ASSUMPSIT.
Assumpsit: An express or implied promise, not under seal, by which one person undertakes to do some act or pay something to another. It is a common-law action for breach of such a promise or for breach of a contract.
Examples: If a person hires a contractor to build a house, the contractor has made an implied promise to perform the work and labor necessary to build the house. If the contractor fails to perform the work and labor, the person who hired them can bring an action of assumpsit for breach of contract.
Explanation: The example illustrates the definition of work and labor in the context of assumpsit. The contractor made an implied promise to perform the work and labor necessary to build the house, and the person who hired them can bring an action of assumpsit for breach of contract if the contractor fails to perform the work and labor. This is a common example of how work and labor can be the subject of a legal dispute.