Chapter

Pleading and Procedure in the Action for Breach of Promise

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/9780198255734.003.0016
Pleading and Procedure in the Action for Breach of Promise

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This chapter examines the pleading and procedure in the action for breach of promise in England during the medieval period. It suggests that the declarations and pleadings in an assumpsit action were not stereotyped and contained forms drawn by acknowledged masters. The basic structure of a declaration in assumpsit may be illustrated by an action brought by a clerk against a defendant to claim payment of a quantum meruit for drawing a declaration.

Keywords: breach of promise; pleading; assumpsit; legal procedure; quantum meruit; declarations; pleadings

Chapter.  9874 words. 

Subjects: History of Law

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