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Hawaii Complaint regarding Assumpsit and Summary Possession and Damages - Landlord Tenant

State:
Hawaii
Control #:
HI-3COMPASP
Format:
PDF
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Description Assumpit

A Complaint is the first pleading filed in a lawsuit. It lists the allegations made against the Defendant by the Plaintiff. This particular lawsuit centers around damages to a rental property.

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FAQ

: not directly or specifically made known (as in the terms of a contract) specifically : recognized (as by a court) as existing by reason of an inference and especially on legal or equitable grounds for breach of implied covenants in oil and gas leases National Law Journal compare express.

1 : an express or implied promise or contract not under seal on which an action may be brought. 2a : a former common-law action brought to recover damages alleged from the breach of an assumpsit. b : an action to recover damages for breach of a contract.

That species of action of assumpsit, in which the plaintiff alleges in his declaration, first a debt, and then a promise in consideration of the debt, that the defendant, being indebted, he promised the plaintiff to pay him.The promise so laid is, generally, an implied one only.

Something bargained for and received by a promisor from a promisee. Common types of consideration include real or personal property, a return promise, some act, or a forbearance. Consideration or a valid substitute is required to have a contract.

Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A signs a contract to buy a car from B for $5,000, A's consideration is the $5,000, and B's consideration is the car.

A contractual promise that is held to exist despite a lack of express terms or agreement stating the promise. The failure to comply with an implied promise may constitute breach of contract.

When a party to a contract does something that they do not have to do or does not do something they have the right to do, no matter how small, that act can constitute consideration and bind the other party.This is the gist of the major exception to the past consideration rule, the doctrine of implied assumpsit.

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Hawaii Complaint regarding Assumpsit and Summary Possession and Damages - Landlord Tenant