Chapter

Transmission of Liability on Death

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: http://dx.doi.org/10.1093/acprof:oso/9780198255734.003.0015
Transmission of Liability on Death

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This chapter examines the history of the law of contract in England concerning the transmission of liability on death. During the Middle Ages, executors and administrators of estates were not in general liable for simple contract debts, nor were they liable to be sued for actio personalis moritur cum persona. However, the rise of the assumpsit significantly changed the rule so that the liability for breach of informal contracts was passively transmissible to personal representatives.

Keywords: transfer of liability; death; law of contract; assumpsit; informal contracts; contract debts

Chapter.  6972 words. 

Subjects: History of Law

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