What is ASSUMPSIT? Definition of ASSUMPSIT in Black's Law Dictionary
Lat. 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. Dukes v. Rogers, 67 Ga. App. 661, 21 S.E.2d 295, 297.
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. A liberal and equitable action, applicable to almost every case where money has been received which in equity and good conscience ought to be refunded; express promise is not necessary to sustain action, but it may be maintained whenever anything is received or done from the circumstances of which the law implies a promise of compensation. Armour & Co. v. Whitney & Kemmerer, Inc., 164 Va. 12, 178 S.E. 889, 98 A.L.R. 596.
Express assumpsit. See Express Assumpsit
Special assumpsit is an action of assumpsit brought upon an express contract or promise.
General (common or indebitatus) assumpsit is an action of assumpsit brought upon the promise or contract implied by law in certain cases. It is founded upon what the law terms an implied promise on the part of defendant to pay what, in good conscience, he is bound to pay to plaintiff. Tr. and Ha. Pr. 1490; Ruse v. Williams, 14 Ariz 445, 130 P. 887, 888, 45 L.R.A.,N.S., 923.
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.
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That's the definition of in Black's Law Dictionary - Courtesy of Cekhukum.com.
