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Simple contract

Law  Silent partner  Simple will
04/18/2014

SIMPLE CONTRACT. One, the evidence of which is merely oral, or in writing, not under seal, nor of record. 1 Chit. Contr. 1 1 Chit. Pl. 88; and vide 11 Mass. R. 30 ll East, R. 312; 4 Barn. & Ald. 588; Stark. Ev. 995; 2 Bl. Com. 472.


When the action is on a simple contract, the declaration must show the consideration of the contract, precisely as in assumpsit; and it should state either a legal liability or an express agreement, though not a promise to pay the debt.

"The wager of law could only be had in actions of debt on simple contract, and actions of detinue." J. M. Rigg wrote: "(W)ager of law ... a suitor ... was allowed or required to purge himself by his oath and the oath of compurgators ....

WAGER OF LAW,
Engl. law. When an action of debt is brought against a man upon a simple contract, and the defendant pleads nil debit, and concludes his plea... more ...

Contract formation: There must be an agreement which consists of an offer and acceptance, consideration (see also consideration under English law) and contractual intention for a simple contract to exist: i.e.

When two independent businesses wish to combine forces in a business project, they may form a joint venture to operate the new project as a separate enterprise. This can take the form of a simple contractual arrangement, ...

In a claim involving breach of a simple contract (not under seal), the limit is six years. With personal injury arising from breach of contract, it's three years (or three years from the date of death).

See also: See also: Contra, Contract, Action, Law, Defendant

Law  Silent partner  Simple will
04/18/2014

 
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