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 used in pleadings by the plaintiff to set forth the defendant's undertaking or promise, hence the name of the action. Claims in actions of assumpsit were ordinarily divided into (a) common or indebitatus assumpsit, brought usually on an implied promise, and (b) special assumpsit, founded on an express promise.

The Common Law Procedure Act 1852 abolished the common law forms of action in England and Wales.

Assumpsit as a form of action became obsolete in the United Kingdom after the passing of the Judicature Acts of 1873 and 1875.

In the United States, assumpsit, like the other forms of action, became obsolete in the federal courts after the adoption of the Federal Rules of Civil Procedure in 1938. Most if not all states have moved to similar rules, which replace the various forms of action with the civil action. However, many states continue to recognize assumpsit as a common law or statutory cause of action.



Wikimedia Foundation. 2010.

Look at other dictionaries:

  • 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 — 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 — /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 — n. verbal agreement; damage suit brought upon violation of a verbal agreement (Law) …   English contemporary dictionary

  • assumpsit — as·sump·sit …   English syllables

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.