assumpsit

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 covenant, debt
◇ The action of assumpsit developed in early English law and is still available in the U.S. in some jurisdictions.

Merriam-Webster’s Dictionary of Law. . 1996.

assumpsit
n.
(Latin) He promised; a promise to do or pay something made by one person to another.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


assumpsit
a voluntary promise made by words, an old form of action abolished by the Judicature Act 1925. Modern theoretical writings refer to one of its grounds, indebitatus assumpsit, an action for breach of an undertaking, either to do or pay something. The leading case is still discussed: Slade's Case (1602) 4 Co. Rep. 91.

Collins dictionary of law. . 2001.


assumpsit
n. Latin He undertook.
1 An enforceable promise or undertaking that is not under seal.
2 An action for expectation damages caused by the breach of a promise or a contract not under seal.
@ common assumpsit
An action based the breach of an implied promise or contract to pay a debt. Also called general assumpsit.
@ express assumpsit
Such a promise that is made orally or in writing.
@ implied assumpsit
Such a promise that is presumed due to individual's conduct or the circumstances of the situation.
@ general assumpsit
An action based the breach of an implied promise or contract to pay a debt. Also called common assumpsit.
@ special assumpsit
An action for expectation damages based on the breach of an express promise or contract to pay a debt.
@ non assumpsit
A defendant's claim, in the form of a pleading, that he or she did not promise or undertake any obligation as alleged in a complaint.
@

Webster's New World Law Dictionary. . 2000.


assumpsit
(Latin: He undertook or he promised.)
A promise by which someone assumes or undertakes an obligation to another person. The promise may be oral or in writing, but it is not under seal. It is express when the person making the promise puts it into distinct and specific language, but it may also be implied because the law sometimes imposes obligations based on the conduct of the parties or the circumstances of their dealings.

Dictionary from West's Encyclopedia of American Law. 2005.


assumpsit
[Latin, He undertook or he promised.] A promise by which someone assumes or undertakes an obligation to another person. The promise may be oral or in writing, but it is not under seal. It is express when the person making the promise puts it into distinct and specific language, but it may also be implied because the law sometimes imposes obligations based on the conduct of the parties or the circumstances of their dealings.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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Look at other dictionaries:

  • 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 — /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

  • 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

  • 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 on quantum meruit — /3sam(p)s3t on kwontsm meruwst/ When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from the employer to the workman that he will pay him for his services as much as he may… …   Black's law dictionary

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