Legal Definition and Related Resources of Assumpsit
Meaning of Assumpsit
Latin. He undertook or promised. The term was originally used to refer to all contracts, verbal or written, that were not under seal. In practice, referred to the form of action brought for the recovery of debt or damages for breach of contract , not under seal.
Assumpsit Alternative Definition
(Lat. assumere, to assume, to undertake; assumpsit, he has undertaken). In Contracts. An undertaking, either express or implied, to perform a parol agreement. 1 Lilly, Reg. 132. Express assumpsit is an undertaking made orally by writing not under seal, or by matter of record, to perform an act, or to pay a sum of money to another. Implied assumpsit is an undertaking presumed in law to have been made by a party, from his conduct, although he has not made any express promise. In Practice. A form of action which lies for the recovery of damages for the nonperformance of a parol or simple contract. 7 Term R. 351; 3 Johns. Cas. (N. Y.) 60. It differs from debt, since the amount claimed need not be liquidated (see “Debt”), and from covenant, since it does not require a contract under seal to support it (see “Covenant”). See 4 Coke, 91; 4 Burrows, 1008; 14 Pick. (Mass.) 428; 2 Mete. (Mass.) 181. Assumpsit is one of the class of actions called “actions upon the case,” and in the older books is called “action upon the case upon assumpsit.” Comyn, Dig. Special assumpsit is an action of assumpsit brought upon an express contract or promise. General assumpsit, sometimes called indebitatus assumpsit, is an action of assum,psit brought upon the promise or contract implied by law in certain cases. See 2 Smith, Lead. Cas. (5th Am. Ed.) 14. See “Common Counts.”
Related Entries of Assumpsit in the Encyclopedia of Law Project
Browse or run a search for Assumpsit in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.
Assumpsit in Historical Law
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Legal Abbreviations and Acronyms
Search for legal acronyms and/or abbreviations containing Assumpsit in the Legal Abbreviations and Acronyms Dictionary.
Related Legal Terms
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Mentioned in these terms
Forms Of Action, Goods Sold And Delivered.
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| Assumpsit in the Dictionary | Assumpsit in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Assumpsit |
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| Related topics | Assumpsit in the World Encyclopedia of Law |
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This definition of Assumpsit is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Grammar
This term is a noun.
Etimology of Assumpsit
(You may find assumpsit at the world legal encyclopedia and the etimology of more terms).
legal action for recovery of damages through breach of contract, legal Latin, literally “he has taken upon himself,” perfect indicative of assumere “to take up, take to oneself” (see assume). The word embodies the allegation that the defendant promised or undertook to perform the specified act.
Concept of “Assumpsit”
Traditional meaning of assumpsit in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) He assumed; he undertook. A promise, contract, or undertaking. The name of an action on the case, which lies for the party injured by the non-performance of a parol contract; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 158; 93 U. S. 143; Robinson’s Elementary Law Rev. ed.; § 255. If the contract or promise is express, the action is called special assumpsit; indebitatus assumpsit or general assumpsit, if implied by law. This latter action generally applies only to contracts resulting in a debt; and judgment is given as damages for the detention of the debt, differing thus from the action of DEBT (see this last concept in this legal reference) ; see also 5 Ind. App. 183. Assumpserunt super se: they undertook.
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Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Assumpsit”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
See Also
Assumpsit
Assumpsit
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