Contract
This chapter traces the development of the action of assumpsit, a species of trespass on the case used to enforce informal contracts. The earliest examples were of ‘misfeasance’ causing physical damage; they belong as much to the history of tort as of contract. There were intellectual obstacles to extending the trespassory remedy to mere ‘nonfeasance’, but they were overcome by drawing (inter alia) on the concepts of deceit, reliance, and (in Doige’s Case) on the mutual force of bargains. The competing principles were brought together in the Tudor doctrine of consideration, which also accommodated the binding force of mutual executory promises. The use of assumpsit to recover debts, and thereby avoid wager of law, caused a prolonged controversy between the King’s Bench and Common Pleas, which was ended by Slade’s Case (1602). The action was soon afterwards held to lie against executors.