英文字典中文字典


英文字典中文字典51ZiDian.com



中文字典辞典   英文字典 a   b   c   d   e   f   g   h   i   j   k   l   m   n   o   p   q   r   s   t   u   v   w   x   y   z       







请输入英文单字,中文词皆可:

assumpsit    
n. 损害赔偿之诉,约定,允诺

损害赔偿之诉,约定,允诺

Assumpsit \As*sump"sit\ (?; 215), n. [L., he undertook, pret. of
L. assumere. See {Assume}.] (Law)
(a) A promise or undertaking, founded on a consideration.
This promise may be oral or in writing not under seal. It
may be express or implied.
(b) An action to recover damages for a breach or
nonperformance of a contract or promise, express or
implied, oral or in writing not under seal. Common or
indebitatus assumpsit is brought for the most part on an
implied promise. Special assumpsit is founded on an
express promise or undertaking. --Wharton.
[1913 Webster]

ASSUMPSIT, contracts. An undertaking either express or implied, to perform a
parol agreement. 1 Lilly's Reg. 132.
2. An express assumpsit is where one undertakes verbally or in writing,
not under seal, or by matter of record, to perform an act, or to pa a sum of
money to another.
3. An implied assumpsit is where one has not made any formal promise to
do an act or to pay a sum of money to another, but who is presumed from his
conduct to have assumed to do what is in point of law just and right; for,
1st, it is to be presumed that no one desires to enrich himself at the
expense of another; 2d, it is a rule that he who desires the antecedent,
must abide by the consequent; as, if I receive a loaf of bread or a
newspaper daily sent to my house without orders, and I use it without
objection, I am presumed to have accepted the terms upon which the person
sending it had in contemplation, that I should pay a fair price for it; 3d,
it is also a rule that every one is presumed to assent to what is useful to
him. See Assent


ASSUMPSIT, remedies, practice., A form of action which may be defined to be
an action for the recovery of damages for the non-performance of, a parol or
simple contract; or, in other words, a contract not under seal, nor of
record; circumstances which distinguish this remedy from others. 7 T. R.
351; 3 Johns. Cas. 60. This action differs from the action of debt; for, in
legal consideration, that is for the recovery of a debt eo nomine, and in
numero, and may be upon a deed as well as upon any other contract. 1 h. Bl.
554; B. N. P. 167. If differs from covenant, which, though brought for the
recovery of damages, can only be supported upon a contract under seal. See
Covenant.
2. It will be proper to consider this subject with reference, 1, to the
contract upon which this action may be sustained; 2, the declaration 3, the
plea; 4, the judgment.
3.-1. Assumpsit lies to recover damages for the breach of all parol
or simple contracts, whether written or not written express or implied; for
the payment of money, or for the performance or omission of any other act.
For example, to recover, money lent, paid, or had and received, to the use
of the plaintiff; and in some cases, where money has been received by the
defendant, in consequence of some tortious act to the plaintiff's property,
the plaintiff may waive the tort, and sue the defendant in assumpsit. 5
Pick. 285; 1 J. J. Marsh. 543 3 Watts, R. 277; 4 Binn. 374; 3 Dana, R. 552;
1 N. H. Rep. 151; 12 Pick. 120 4 Call. R. 461; 4 Pick. 452. It is the proper
remedy for work and. labor done, and services rendered 1 Gill, 95; 8 S. & M.
397 2 Gilman, 1 3 Yeates, 250 9 Ala. 788 but such work, labor, or services,
must be rendered at the request, express or implied, of the defendant; 2
Rep. Cons. Ct. 848; 1 M'Cord, 22; 20 John. 28 11 Mass. 37; 14 Mass. 176; 5
Monr. 513 1 Murph. 181; for goods sold and delivered; 6 J. J. Marsh. 441; 12
Pick. 120; 3 N. H. Rep. 384; 1 Mis. 430; for a breach of promise of
marriage. 3 Mass. 73 2 Overton, 233 2 P. S. R. 80. Assumpsit lies to recover
the purchase money for land sold; 14 Johns. R. 210; 14 Johns. R. 162; 20
Johns. R. 838 3 M'Cord, R. 421; and it lies, specially, upon wagers; 2 Chit.
Pl. 114; feigned issues; 2 Chit. Pl. 116; upon foreign judgments; 8 Mass.
273; Dougl. 1; 3 East, 221; 11 East, 124; 3 T. R. 493; 5 Johns. R. 132. But
it will not lie on a judgment obtained in a sister state. 1 Bibb, 361 19
Johns. 162; 3 Fairf. 94; 2 Rawle, 431. Assumpsit is the proper remedy upon
an account stated. Bac. Ab. Assumpsit, A. It will lie for a corporation, 2
Lev. 252; 1 Camp. 466. In England it does not lie against a corporation,
unless by express authority of some legislative act; 1 Chit. Pl. 98; but in
this country it lies against a corporation aggregate, on an express or
implied promise, in the same manner as against an individual. 7 Cranch, 297
9 Pet. 541; 3 S. & R. 117 4 S. & R. 16 12 Johns. 231; 14 Johns. 118; 2 Bay,
109 1 Chipm. 371, 456; 1 Aik. 180 10 Mass, 397. But see 3 Marsh. 1; 3 Dall.
496.
4.-2. The declaration must invariably disclose the consideration of
the contract, the contract itself, and the breach of it; Bac. Ab. h.t. F 5
Mass. 98; but in a declaration on a negotiable instrument under the statute
of Anne, it is not requisite to, allege any consideration; 2 Leigh, R. 198;
and on a note expressed to have been given for value received, it is not
necessary to aver a special consideration. 7 Johns. 321. See Mass. 97. The
gist of this action is the promise, and it must be averred. 2 Wash. 187 2 N.
H. Rep. 289 Hardin, 225. Damages should be laid in a sufficient amount to
cover the real amount of the claim. See 4 Pick. 497; 2 Rep. Const. Ct. 339;
4 Munf. 95; 5 Munf. 23; 2 N. H. Rep. 289; 1 Breese, 286; 1 Hall, 201; 4
Johns. 280; 11 S. & R. 27; 5 S. & R. 519 6 Conn. 176; 9 Conn. 508; 1 N. & M.
342; 6 Cowen, 151; 2 Bibb, 429; 3 Caines, 286.
5.-3. The usual plea is non-assumpsit, (q.v.) under which the
defendant may give in evidence most matters of defence. Com. Dig. Pleader, 2
G 1. When there are several defendants they cannot plead the general issue
severally; 6 Mass. 444; nor the same plea in bar, severally. 13 Mass. 152.
The plea of not guilty, in an action of assumpsit, is cured by verdict. 8 S.
& R. 541; 4 Call. 451. See 1 Marsh, 602; 17 Mass. 623. 2 Greenl. 362; Minor,
254 Bouv. Inst. Index, h.t.
6.-4. Judgment. Vide Judgment in Assumpsit. Vide Bac. Ab. h.t.; Com.
Dig. Action upon the Case upon Assumpsit; Dane's Ab. Index, h.t.; Viner's
Ab. h.t.; 1 Chit. Pi. h.t.; Petersd. h.t.; Lawes Pl. in Assumpsit the
various Digests, h.t. Actions; Covenant; Debt; Indebitatus assumpsit; Padum
Constitutiae pecuniae.


请选择你想看的字典辞典:
单词字典翻译
Assumpsit查看 Assumpsit 在百度字典中的解释百度英翻中〔查看〕
Assumpsit查看 Assumpsit 在Google字典中的解释Google英翻中〔查看〕
Assumpsit查看 Assumpsit 在Yahoo字典中的解释Yahoo英翻中〔查看〕





安装中文字典英文字典查询工具!


中文字典英文字典工具:
选择颜色:
输入中英文单字

































































英文字典中文字典相关资料:


  • Contact Us - Microsoft Support
    Contact Microsoft Support Find solutions to common problems, or get help from a support agent
  • Account help - support. microsoft. com
    Get help for the account you use with Microsoft Find how to set up Microsoft account, protect it, and use it to manage your services and subscriptions
  • Sign in to Microsoft 365
    With Microsoft 365, you can install Microsoft 365 or Office on all your devices and sign in to Office on five devices at the same time This includes any combination of PCs, Macs, tablets, and phones
  • Microsoft Edge help learning
    Get help and support for Microsoft Edge Find Microsoft Edge support content, how-to articles, tutorials, and more
  • All Products - support. microsoft. com
    Find out how to get support for Microsoft apps and services
  • March 10, 2026—KB5079473 (OS Builds 26200. 8037 and 26100. 8037 . . .
    This cumulative update for Windows 11, version 25H2 and 24H2 (KB5079473), includes the latest security fixes and improvements, along with non-security updates from last month’s optional preview release To learn more about differences between security updates, optional non-security preview updates, out-of-band (OOB) updates, and continuous innovation, see Windows monthly updates explained
  • Introducing multi-model intelligence in Researcher | Microsoft . . .
    Today, Researcher—Microsoft 365 Copilot's deep research agent for work—takes a significant step forward Designed to tackle complex research in the flow of work, Researcher now goes further with two new multi-model capabilities that raise the bar for accuracy, depth, and confidence: Critique and Council Critique is a new multi model deep research system designed for complex research tasks
  • What is a Microsoft account? - Microsoft Support
    Your Microsoft account dashboard is where you can manage your personal information and security settings, keep tabs on your subscriptions and order history, and manage your payment and billing options You can also organize your family’s digital life, track the health and safety of your devices, and browse or redeem rewards
  • Windows help and learning - support. microsoft. com
    Find help and how-to articles for Windows operating systems Get support for Windows and learn about installation, updates, privacy, security and more
  • Microsoft Partner Community
    Microsoft partners share their tips, strategies, and experiences on how to grow their practices and collaborate on better customer solutions Listen Now! Congratulations to the 2025 Microsoft Partner of the Year Awards winners and finalists! This year, we received more than 4,600 nominations from 100 countries and regions





中文字典-英文字典  2005-2009