...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...

...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...

...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....

...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...

...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...

...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...

...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...

...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...

...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,...

...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...