assumpsit


assumpsit
/3sam(p)s3t/ He undertook; he promised. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. It may be either oral or in writing, but is not under seal. It is express if the promisor puts his engagement in distinct and definite language; it is implied where the law infers a promise (though no formal one has passed) from the conduct of the party or the circumstances of the case. Dukes v. Rogers, 67 Ga.App. 661, 21 S.E.2d 295, 297.
A common law form of action which lies for the recovery of damages for the non-performance of a parol or simple contract; or a contract that is neither of record nor under seal.
A liberal and equitable action, applicable to almost every case where money has been received which in equity and good conscience ought to be refunded; express promise is not necessary to sustain action, but it may be maintained whenever anything is received or done from the circumstances of which the law implies a promise of compensation. The action of assumpsit differs from trespass and trover, which are founded on a tort, not upon a contract; from covenant and debt, which are appropriate where the ground of recovery is a sealed instrument, or special obligation to pay a fixed sum; and from replevin, which seeks the recovery of specific property, if attainable, rather than of damages.
Express assumpsit.
General (common or indebitatus) assumpsit is an action of assumpsit brought upon the promise or contract implied by law in certain cases. It is founded upon what the law terms an implied promise on the part of defendant to pay what, in good conscience, he is bound to pay to plaintiff.
Special assumpsit is an action of assumpsit brought upon an express contract or promise

Black's law dictionary. . 1990.

Look at other dictionaries:

  • assumpsit — as·sump·sit /ə səmp sit/ n [Medieval Latin, he/she undertook]: an express or implied promise or contract or quasi contract the breach of which may be grounds for a suit; also: a common law action that may be brought for such a breach compare… …   Law dictionary

  • Assumpsit — ( he has undertaken, from Latin, assumere ) is an action for the recovery of damages by reason of the breach or non performance of a simple contract, either express or implied, and whether made orally or in writing.Assumpsit was the word always… …   Wikipedia

  • Assumpsit — As*sump sit (?; 215), n. [L., he undertook, pret. of L. assumere. See {Assume}.] (Law) (a) A promise or undertaking, founded on a consideration. This promise may be oral or in writing not under seal. It may be express or implied. (b) An action to …   The Collaborative International Dictionary of English

  • assumpsit — [ə sump′sit] n. [ModL < L, he has undertaken; 3d pers. sing., perf. indic., of assumere, ASSUME] Law 1. an agreement or promise, written, spoken, or implied, and not under seal 2. an action to recover damages for the nonfulfillment of such an… …   English World dictionary

  • assumpsit — /euh sump sit/, n. Law. 1. a legal action for a breach of contract or promise not under seal. 2. an actionable promise. [1605 15; < L: he has taken upon himself, he has undertaken] * * * (Latin: he has undertaken ) In common law, an action to… …   Universalium

  • assumpsit — A common law action by which compensation in damages may be recovered for the nonperformance of a contract express or implied, written or verbal, but not under seal and not of record. Board of Highway Comrs. v Bloomington, 253 Ill 164, 97 NE 280; …   Ballentine's law dictionary

  • assumpsit — əˈsəm(p)sə̇t, aˈ noun ( s) Etymology: New Latin, he undertook, 3d person singular perfect indicative active of assumere to undertake, from Latin, to take up more atassume 1. a. : a form of common law action on the case not now used in which the… …   Useful english dictionary

  • assumpsit — noun Etymology: New Latin, he undertook, from Latin assumere to undertake Date: 1590 1. an express or implied promise or contract not under seal on which an action may be brought 2. a. a former common law action brought to recover damages …   New Collegiate Dictionary

  • assumpsit — n. verbal agreement; damage suit brought upon violation of a verbal agreement (Law) …   English contemporary dictionary

  • assumpsit — as·sump·sit …   English syllables


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