Assumpsit in United States
Assumpsit 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.”
Assumpsit in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Assumpsit | Assumpsit in the World Legal Encyclopedia. |
| Assumpsit | Assumpsit in the European Legal Encyclopedia. |
| Assumpsit | Assumpsit in the Asian Legal Encyclopedia. |
| Assumpsit | Assumpsit in the UK Legal Encyclopedia. |
| Assumpsit | Assumpsit in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Assumpsit
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| Assumpsit | Assumpsit in the Family Law Portal of the American Encyclopedia of Law. |
| Assumpsit | Assumpsit in the IP Portal of the American Encyclopedia of Law. |
| Assumpsit | Assumpsit in the Commercial Law Portal of the American Encyclopedia of Law. |
| Assumpsit | Assumpsit in the Criminal Law Portal of the American Encyclopedia of Law. |
| Assumpsit | Assumpsit in the Antritrust Portal of the American Encyclopedia of Law. |
| Assumpsit | Assumpsit in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Assumpsit | Assumpsit in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Assumpsit | Assumpsit in the Tax Law Portal of the American Encyclopedia of Law. |
| Assumpsit | Assumpsit in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Assumpsit | Assumpsit in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Assumpsit | Assumpsit in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Assumpsit | Assumpsit in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
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| Assumpsit in the Dictionaries | Assumpsit in our legal dictionaries |
| http://lawi.us/assumpsit | The URI of Assumpsit (more about URIs) |
| Assumpsit related entries | Find related entries of Assumpsit |
Legal Issue for Attorneys
(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.”
Notice
This definition of Assumpsit is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
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