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Webster 1913 Edition


Assumpsit


As-sump′sit

(?; 215)
,
Noun.
[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 recover damages for a breach or nonperformance of a contract or promise, express or implied, oral or in writing not under seal. Common or indebitatus assumpsit is brought for the most part on an implied promise. Special assumpsit is founded on an express promise or undertaking.
Wharton.

Webster 1828 Edition


Assumpsit

ASSUMP'SIT

,
Noun.
[L. assumo.]
1.
In law, a promise or undertaking, founded on a consideration. This promise may be verbal or written; An assumpsit is express or implied; express, when made in words of writing; implied, when in consequence of some benefit or consideration accruing to one person from the acts of another, the law presumes that person has promised to make compensation. In this case, the law, upon a principle of justice, implies or raises a promise, on which an action may be brought to recover the compensation. Thus if A contracts with B to build a house for him, by implication and intendment of law, A promises to pay B for the same, without any express words to that effect.
2.
An action founded on a promise. When this action is brought on a debt, it is called indebitatus assumpsit, which is an action on the case to recover damages for the non-payment of a debt.

Definition 2024


assumpsit

assumpsit

English

Noun

assumpsit (plural assumpsits)

  1. (law) A promise or undertaking, either express or implied, founded on a consideration.
  2. (law) An action to recover damages for breach or nonperformance of such a promise.
    (Can we find and add a quotation of Wharton to this entry?)


Latin

Verb

assūmpsit

  1. third-person singular perfect active indicative of assūmō