Crossword clues for assumpsit
The Collaborative International Dictionary
Assumpsit \As*sump"sit\ (?; 215), n. [L., he undertook, pret. of L. assumere. See Assume.] (Law)
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.
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.
Wiktionary
n. 1 (context legal English) A promise or undertaking, either express or implied, founded on a consideration. 2 (context legal English) An action to recover damages for breach or nonperformance of such a promise.
Wikipedia
Assumpsit ("he has undertaken", from Latin, assumere), or more fully, the action of assumpsit, was a form of action at common law. The origins of the action can be traced to the 14th century, when litigants seeking justice in the royal courts turned from the writs of covenant and debt to the trespass on the case.
Throughout its long history, the action of assumpsit has been used to enforce what are now referred to as obligations arising in tort, contract, and unjust enrichment. Most significantly, it is out of the law relating to the action of assumpsit that the modern law of contract and of unjust enrichment emerged in the 19th, 20th and 21st centuries.
Usage examples of "assumpsit".
Court ruled that its original jurisdiction extended to an action in assumpsit brought by a citizen of South Carolina against the State of Georgia.
His only recourse is an action of debt, or assumpsit, against Allen individually, and as Allen is notoriously insolvent, Wade and his bondsman will have to make up this deficit.
In truth, there were two sets of duties,--one not peculiar to bailees, arising from the assumpsit or public calling of the defendant, as just explained.
Bernard whenever a peculiar responsibility was imposed upon bailees, we find that sometimes an assumpsit was laid as in the early precedents, /2/ or more frequently that the bailee was alleged to be a common bargeman, or common carrier, or the like, without much reference to the special nature of the tort in question.