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:


  • How can I see what products are available on Costco. com?
    To view products on Costco com, either type what you’re looking for into the Search box, or mouse over "Shop" to view our different categories Simply click on the name or picture of an item to navigate to its product page The great thing about shopping on Costco com is that everything you see reflects our live, real-time and up-to-date
  • How can I locate a product on Costco. com?
    To search for a product online at Costco com, enter a keyword or an item number into the search engine at the top If the item you’re seeking is in stock and available for purchase, your search will pull up its product page You can view the item details on the product page, add it to your cart and proceed to checkout You can also browse through the drop-down menu of departments on the
  • Find a Warehouse - Costco Customer Service
    Find your nearest Costco warehouse location and explore helpful self-service options for customer support
  • How do I place an order on Costco. com?
    If you’re a member, enter the membership number found on your membership card You’re now ready to start shopping! Note: Maintaining an active Costco membership doesn’t automatically register you on Costco com After becoming a Costco member, you’ll still need to complete a new registration on Costco com (if you didn’t previously
  • Contact Us - Costco Customer Service
    Welcome to the Costco Customer Service page Explore our many helpful self-service options and learn more about popular topics
  • What are Costco’s hours of operation? - Costco Customer Service
    The Costco app is another way to find our locations’ hours It’s free to download on the iTunes or Google Play app stores As of June 30, 2025, exclusive earlier shopping hours for Executive members may be available at your local warehouse Check store details for more information
  • Costco Customer Service
    Welcome to the Costco Customer Service page Explore our many helpful self-service options and learn more about popular topics
  • Custom Cake Ordering in the Costco App FAQs
    Where can I locate this feature in the Costco app? Can I place a custom cake order on Costco com? I don't see the option for custom cake ordering in the Costco app, what should I do? Are there any requirements to purchase a custom cake order through the Costco app? How quickly can custom cake orders be made after being placed?
  • How can I buy a membership on Costco. com?
    You can obtain your new membership cards by visiting the membership counter of your local Costco Please be advised that registering to shop online at Costco com is not an application for membership Nonmembers may order products from our website as well as members Want to buy a membership for someone else? Send them a Gift of Membership card
  • How can I renew my membership online? - Costco Customer Service
    If your membership is expired or inactive, you can renew online within 90 days after the date of expiration, or any time in person or by phone Finally, if you need to shop at a Costco warehouse immediately, please know that the easiest way for you to do so is by simply renewing your membership at the register during checkout





中文字典-英文字典  2005-2009