Latin: 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. In practice. A 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. 7 Term, 351; Ballard v. Walker, 3 Johns. Cas. (N. Y.) 60. The ordinary division of this action is into (1) common or indebitatus assumpsit, brought for the most part on an implied promise; and (2) special assumpsit, founded on an express promise. Steph. PI. 11, 13. 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. Implied assumpsit. An undertaking or promise not formally made, but presumed or implied from the conduct of a party. Willen borg v. Illinois Cent. R. Co., 11 111. App. 302. Special assumpsit. An action of assumpsit is so called where the declaration sets out the precise language or effect of a special contract, which forms the ground of action; as distinguished from a general assumpsit, in which the technical claim is for a debt alleged to grow out of the contract, not the agreement itself.
Law Dictionary – Alternative Legal Definition
(I) An action for breach of contract during medieval times. (II)(A) contracts. An undertaking either express or implied, to perform a parol agreement. 2. An express assumpsit is where one undertakes verbally or in writing, not under seal, or by matter of record, to perform an act, or to pay a sum of money to another. 3. An implied assumpsit is where one has not made any formal promise to do an act or to pay a sum of money to another, but who is presumed from his conduct to have assumed to do what is in point of law just and right; for, 1st, it is to be presumed that no one desires to enrich himself at the expense of another; 2d, it is a rule that he who desires the antecedent, must abide by the consequent; as, if I receive a loaf of bread or a newspaper daily sent to my house without orders, and I use it without objection, I am presumed to have accepted the terms upon which the person sending it had in contemplation, that I should pay a fair price for it; 3d, it is also a rule that every one is presumed to assent to what is useful to him. See Assent (B) remedies, practice., A form of action which may be defined to be an action for the recovery of damages for the non-performance of, a parol or simple contract; or, in other words, a contract not under seal, nor of record; circumstances which distinguish this remedy from others. This action differs from the action of debt; for, in legal consideration, that is for the recovery of a debt eo nomine, and in numero, and may be upon a deed as well as upon any other contract. . It differs from covenant, which, though brought for the recovery of damages, can only be supported upon a contract under seal. See Covenant. 2. It will be proper to consider this subject with reference, 1, to the contract upon which this action may be sustained; 2, the declaration 3, the plea; 4, the judgment. 3. 1. Assumpsit lies to recover damages for the breach of all parol or simple contracts, whether written or not written express or implied; for the payment of money, or for the performance or omission of any other act. For example, to recover, money lent, paid, or had and received, to the use of the plaintiff; and in some cases, where money has been received by the defendant, in consequence of some tortious act to the plaintiff’s property, the plaintiff may waive the tort, and sue the defendant in assumpsit.