1 May 1808

J.B. to H of Commons

I. Reasons for the Work

English Pleading inapplicable to Scotland

II. Defence

25. Another of these four most usual general pleas is the pleas called non assumpsit. It is by this plea that the most usual defence is made to a species of action the recurrence of which is by far more frequent than that of all other species of actions put together.

26. In this case what the defendant is made to say is - I did not make any such undertaking - any such promise - as the plaintiff has alledged me to have made.

Now what in this case is always true is that the plaintiff has been made to alledge that the defendant at a time designated did make to him a promise to such or such an effect. But what is very frequently true is, that by the defendant no such promise, nor in truth any promise at all in the performance of which the plaintiff has any interest, was ever made. Accordingly, on the plaintiff's part no promise at all is proved: but, by such, his failure is no obstacle, he is not prevented from gaining his cause.

27. In this case, the information given on the plaintiff's side, being false, is necessarily useless: so that by the denial if this false information the plaintiff gains no instruction, he gains at least as much as he gave. But whether as much as he has need of, depends upon contingencies.

28. What is above may, it is hoped, be sufficient for a sample: - and surely if the commodity is of this sort, a sample will be deemed sufficient.