 | Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - 1827 - 1014 페이지
...plaintiff's cause of action is most accurately described in assumpsit, in which the promise is stated ns the gist of the action. But where from a given state...act, and there is a breach of that obligation, and a con- • m sequential damage, there, although assumpsit may be maintainable upon a promise implied... | |
 | John Simcoe Saunders - 1831 - 598 페이지
...all breaches of duty, ex quasi contractu; and "where from a given state of facts the law raises an obligation to do a particular act, and there is a...breach of that obligation, and a consequential damage, an action on the case, founded in tort, is the proper form;" p. Littledale, J., Burnett v. Lynch, 5... | |
 | 1869 - 1032 페이지
...obligation results from it, then the plaintiff's cause of action is most accurately described in assumpsit, in which the promise is stated as the gist of the action. But when, from a given state of facts, the law raises a legal (S) 36 Law J. Rep. (Hs) Exch. 61. (4) Ibid.... | |
 | Joseph Chitty, Thomas Chitty - 1837 - 860 페이지
...obligation results from it, then the plaintiff's cause of action is most accurately described in asuropsit, in which the promise is stated as the gist of the...raises a legal obligation to do a particular act, f *155] and there is a breach of that obligation, and a consequential damage, there, although assumpsit... | |
 | Joseph Chitty, Tompson Chitty - 1839 - 454 페이지
...obligation results from it, then the plaintiff's cause of action is most accurately described in assumpsit, in which the promise is stated as the gist of the...raises a legal obligation to do a particular act, and ihere is a breach of thai obligation and a consequential damage, there, although assumpsit may be maintainable... | |
 | Ireland. Court of King's Bench - 1850 - 646 페이지
...assumpsit, but tort is the more proper form of action ; In Burnett v. Lynch Littledale, J., says : — " Where from a given state of facts the law " raises..."breach of that obligation and a consequential damage, then, (a) 9 Bing. 66. (c) 1 Cr. & M. 646. "although assumpsit may be maintainable upon a promise implied... | |
 | Great Britain. Court of King's Bench, Sir Erskine Perry, Sir Henry Davison - 1839 - 770 페이지
...by the assignee. The Court there held that case was properly brought, and Littledale J. observed, " Where from a given state of facts the law raises a...particular act, and there is a breach of that obligation, then although assumpsit may be maintainable upon a promise implied by law to do the act, still an action... | |
 | Archibald John Stephens - 1842 - 1072 페이지
...obligation results from it, then the plaintiff's cause of action is most accurately described in assumpsit, in which the promise is stated as the gist of the...obligation, and a consequential damage, there, although asswnptit may be maintainable upon a promise implied by law to do the act, still an action on the case... | |
 | Joseph Rockwell Swan - 1845 - 680 페이지
...1. Directions and References to preceding Forms. It may he proper to again recur to the rule, that where, from a given state of facts, the law raises...breach of that obligation, and a consequential damage, in such case, although assumpsit may be maintained upon a promise implied by law to do the act, still,... | |
 | George Spence - 1846 - 708 페이지
...obligation results from it, then the plaintiff's cause of action is most accurately described in assumpsit, in which the promise is stated as the gist of the action. But where from a given slate of facts the law raises a legal obligation to do a particular act, and there is a breach of that... | |
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But •where from a given state of facts the law raises a legal obligation to do a particular act, and there is a breach of that obligation, and a consequential damage... 
