Incur
Defined in 6 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Black's (1891), Anderson (1889)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
To become subject to; to bring on. 4 Denio (N. Y.) 103. "Men contract debts; they incur liabilities." 15 How. Pr. (N. Y.) 48.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
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.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A Dictionary of Law
Henry Campbell Black · 1891
Men contract debis; they incur liabilities. In the one case, they act aflirmatively; in the other, the liability is incurred or cast upon them by act or operation of law. “Incur” means something beyond contracts, —something not embraced in the word “debts.” 15 How. Pr. 48; 5 Abb. Pr. 162,
A Dictionary of Law
William C. Anderson · 1889
See Expenditure. Men contract debts af Srmatively; they incur liabilities—the liability is cast upon them by act or operation of law. "Incur" implies, then, something not embraced in the words " debts and contracts." '