indebitatus assumpsit


indebitatus 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.
+ indebitatus assumpsit
/indebateytas asam(p)sat/
Being indebted, he promised or undertook. That form of the action of assumpsit in which the declaration alleges a debt or obligation to be due from the defendant, and then avers that, in consideration thereof, he promised to pay or discharge the same

Black's law dictionary. . 1990.

Look at other dictionaries:

  • indebitatus assumpsit — See assumpsit. Collins dictionary of law. W. J. Stewart. 2001 …   Law dictionary

  • indebitatus assumpsit — Being indebted, he undertook. A common law form of action. In its specific sense, that form of assumpsit which is available for the recovery of any simple common law debt without regard to any express promise to pay the debt; in its enlarged… …   Ballentine's law dictionary

  • indebitatus assumpsit — ə̇nˌdebəˈtād.əs noun Etymology: New Latin, literally, being indebted he undertook : common assumpsit …   Useful english dictionary

  • 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 — 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 — /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… …   Black's law dictionary

  • indebitatus — /indebateytas/ Indebted. @ nunquam indebitatus never indebted. The title of the plea substituted in England for nil debet @ indebitatus assumpsit …   Black's law dictionary

  • general assumpsit — Assumpsit in the common courts: indebitatus assumpsit, quantum meruit, quantum valebant, money had and received, money lent, money paid, and insimul computassent or count on account stated. 1 Am J2d Actions § 13 …   Ballentine's law dictionary


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