JD Next Practice Exam

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In legal terms, what does "assumpsit" refer to within the context of Hawkins v. McGee?

A legal remedy for breach of contract
A type of property law
A criminal charge related to contracts
A defense against tort claims

The correct answer is: A legal remedy for breach of contract

Assumpsit is a legal term that refers specifically to a form of action for the enforcement of promises or agreements that are not under seal. In the context of Hawkins v. McGee, which revolves around a contract for the surgical performance of a procedure, the term highlights the court's focus on the plaintiff's ability to recover damages for breach of contract, rather than other legal issues. By stating that "assumpsit" refers to a legal remedy for breach of contract, it encapsulates the essence of the case where the court is adjudicating on the fulfillment of a contractual promise made by the surgeon to achieve a successful result. The foundation of the case lies in whether the surgeon met the obligations of the contract, and therefore, the correct answer directly captures this principle by focusing on the enforcement of contractual duties and the corresponding remedies available to a plaintiff in such situations. In contrast, the other options do not accurately reflect the nature of "assumpsit" within the context of this case. Property law is not relevant to this issue of contract enforcement, nor are criminal charges or defenses against tort claims.