The Emergence of the Action of Assumpsit<sup>1</sup>

A.W.B. Simpson

in A History of the Common Law of Contract

Published in print February 1987 | ISBN: 9780198255734
Published online March 2012 | e-ISBN: 9780191681622 | DOI:
The Emergence of the Action of Assumpsit1

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This chapter examines the history of the emergence of the action of assumpsit in England. The steady increase in the jurisdiction of the royal courts over actions for trespasses, or torts of wrongs, in the 14th century provided the necessary condition for the emergence of action of assumpsit. During the 15th century, assumpsit became more recognized but as nothing more than a word used in one of the many ways of pleading a trespass action. It only acquired its own identity, rules, and theoretical doctrines in the 16th century.

Keywords: action of assumpsit; trespasses; torts of wrongs; royal courts; history

Chapter.  21232 words. 

Subjects: History of Law

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