Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Assumpsit
[law latin "he undertook"] i. An express or implied promise, not under seal, by which one person undertakes to do some act or pay something to another <an assumpsit to pay a debt>. 2. A common-law action for breach of such a promise or for breach of a contract <the creditor's assumpsit against the debtor>.
General assumpsit
an action based on the defendant's breach of an implied promise to pay a debt to the plaintiff. - also termed common assumpsit; indebitatus assumpsit. "general assumpsit is brought for breach of a fictitious or implied promise raised by law from a debt founded upon an executed consideration. The basis of the actionis the promise implied by law from the performance of the consideration, or from a debt or legal duty resting upon the defendant." benjamin j. Shipman, handbook of common-law pleading § 59, at 153 (henry winthrop ballantine ed., 3d ed. 1923).
Indebitatus assumpsit
[latin "being indebted, he undertook"] 1. Hist. A form of action in which the plaintiff alleges that the defendant contracted a debt and, as consideration, had undertaken (i.e., promised) to pay. 0 the action was equivalent to the common-law action for debt (an action based on a sealed instrument), but could be used to enforce an oral debt. Indebitatus assumpsit was abolished in 1873 by the judicature act. See concessit solvere. 2. See general assumpsit. "[i]f i verbally agree to pay a man a certain price for a certain parcel of goods, and fail in the performance, an action of debt lies against me; for this is a determinate contract: but if i agree for no settled price, i am not liable to an action of debt, but a special action on the case, according to the nature of my contract. And indeed actions of debt are now seldom brought but upon special contracts under seal .... [t]he plaintiff must recover the whole debt he claims, or nothing at all. For the debt is one single cause of action, fixed and determined; and which therefore, if the proof varies from the claim, cannot be looked upon as the same ... Action of debt .... But in an action on the case, on what is called an indebitatus assumpsit, which is not brought to compel a specific performance of the contract, but to recover damages for its non-performance, the implied assumpsit, and consequently the damages for the breach of it, are in their nature indeterminate; and will therefore adapt and proportion themselves to the truth of the case which shall be proved, without being confined to the precise demand stated in the declaration." 3 william blackstone, commentaries on the laws of england 154 (1768).
Non refert an quis assensum suum praefert verbis an rebus ipsis et factis
It is immaterial whether a person gives assent by words or by acts themselves and deeds.
Non verbis sed ipsis rebus leges imponimus
Not upon words, but upon affairs themselves do we impose laws.
Omnia quae sunt uxoris sunt ipsius viri
All things that are the wife's belong to her husband.
PSI
abbr. PRESENTENCE INVESTIGATION REPORT.
Quod ipsis, qui contraxerunt, obstat, et successoribus eorum obstabit
That which bars those who have contracted will bar their successors also.
Quod jussu alterius solvitur pro eo est quasi ipsi solutum esset
That which is paid at the bidding of another has the same effect as if it had been paid to that person himself. 0 The party who has a debt paid for him is in. the same position as though the money were paid to him directly. Dig. 17.180.
Reservatio non debet esse de proficuis ipsis quia ea conceduntur, sed de redditu novo extra proficua
A reservation ought not to be of the annual increase itself, because it is granted, but of new rent apart from the annual increase.
Riparum usus publicus est jure gentium, sicut ipsius luminis
The use of riverbanks is by the law of nations public, like that of the stream itself.
Special assumpsit.
s an action based on the defendant's breach of an express contract. -also termed express assumpsit."special assumpsit lies for the recovery of damages for the breach of simple contract, either express or implied in fact. The term 'special contract' is often used to denote an express or explicit contract as contrasted with a promise implied in law." benjamin j. Shipman, handbook of common-law pleading § 58, at 148 (henry winthrop ballantine ed., 3d ed. 1923).
Synopsis
n. A brief or partial survey; a summary or outline; HEADNOTE. - synopsize (si-nop-siz), vb.
Unumquodque principiorum est sibimet ipsi fades; et perspicua vera non sunt probanda
Each and every one of the general principles is its own pledge of trust, and plain truths need not be proved.
collapsible corporation
A corporation formed to give a short-term venture the appearance of along-term investment in order to portray income as capital gain, rather than profit. ( The corporation is typically formed for the sole purpose of purchasing property. The corporation is usu. dissolved before the property has generated substantial income. The Internal Revenue Service treats the income earned through a collapsible corporation as ordinary income rather than as capital gain. IRC (26 USCA) § 341(a). Cf. collapsible partnership under PARTNERSHIP.
collapsible partnership
Tax. A partnership formed by partners who intend to dissolve it before they realize any income. ( Any partner's gain resulting from unrealized receivables or inventory that has increased substantially in value will be treated by the IRS as ordinary income rather than as capital gain. IRC (26 USCA) § 751. Cf. collapsible corporation under CORPORATION.
common assumpsit
See general assumpsit under ASSUMPSIT.
express assumpsit
See special, assumpsit under ASSUMPSIT.
general assumpsit
See ASSUMPSIT.
indebitatus assumpsit
See ASSUMPSIT.
ipsissima verba
[Latin "the very (same) words"] The exact words used by somebody being quoted <on its face, the ipsissima verba of the statute supports the plaintiff's position on the ownership issue>.
non assumpsit
[Latin "he did not undertake"] Hist. A general denial in an action of assumpsit. See ASSUMPSIT. "'Non assumpsit' is the general issue in assumpsit, whether special or general, and is in effect a formal denial of liability on the promise or contract alleged. It denies not only the inducement or statement of the plaintiffs right, but also the breach, and allows any defense tending to show that there was no debt or cause of action at the time of commencing suit." Benjamin J. Shipman, Handbook of Common-Law Pleading § 182, at 322 (Henry Winthrop Ballantine ed., 3d ed. 1923).
non assumpsit infra sex annos
n. [Latin "he did not undertake within six years"] Hist. The specific pleading form for the statute-oflimitations defense in an action of assumpsit.
special assumpsit
See ASSUMPSIT.