Incur

To have liabilities cast upon one by act or operation of law, as distinguished from contract, where the party acts affirmatively.

Crandall v. Bryan, 15 How. Pr. (N. Y.) 60.

INDEBITATUS ASSUMPSIT (Lat.). That species of the action of assumpsit in which the plaintiff alleges, in his declaration, first a debt, and then a promise in consideration of the debt to pay the amount to the plaintiff. It is so called from the words in which the promise is laid in the Latin form, translated in the modern form, being indebted he promised. The promise so laid is generally an implied one only.

See Steph. Pl. 318; 4 Co. 92 b.

This form of action is brought to recover in damages the amount of the debt or demand; upon the trial the jury will, according to evidence, give verdict for whole or part of that sum; 3 Bla. Com. 155; Selw. N. P. 68. Indebitatus assumpsit is in this distinguished from debt and covenant, which proceed directly for the debt, damages being given only for the detention of the debt. Debt lies on contracts by specialty as well as by parol, while indebitatus assumpsit lies only on parol contracts, whether express or implied; Bro. Act. at Law 317. For the history of this form of action, see 3 Reeve, Hist. Com. Law; 2 Com. Contr. 549; 3 Bla. Com. 154; J. B. Ames, 2 Harv. L. Rev. 1, 53, 377. See Assumpsit. INDEBITI SOLUTIO (Lat). In Civil Law. The payment to one of what is not due to him. If the payment was made by mistake, the civilians recovered it back by an action called condictio indebiti; with us, such money may be recovered by an action of assumpsit.