Assumpsit



a legal action for a breach of contract or promise not under seal.
an actionable promise.
Historical Examples

One of the earliest references to what a promisor was to have for his undertaking was in the action of assumpsit.
The Common Law Oliver Wendell Holmes, Jr.

In this, as in the earlier case, the issue was taken on the assumpsit.
The Common Law Oliver Wendell Holmes, Jr.

assumpsit as a form of action became obsolete after the passing of the Judicature Acts 1873 and 1875.
Encyclopaedia Britannica, 11th Edition, Volume 2, Slice 7 Various

If you choose to make an assumpsit, I’m sure I shall not object to the security.
The Absentee Maria Edgeworth

It was settled that assumpsit would lie for a mere omission or nonfeasance.
The Common Law Oliver Wendell Holmes, Jr.

assumpsit covered the whole province of debt, and much more.
Our Legal Heritage, 5th Ed. S. A. Reilly

The distinctions between debt, covenant, and assumpsit are merely historical.
The Path of the Law Oliver Wendell Holmes, Jr.

The chief reason why debt was supplanted for centuries by a later remedy, assumpsit, was the survival of this relic of early days.
The Common Law Oliver Wendell Holmes, Jr.

It will be well to examine some of the earliest cases in which an undertaking (assumpsit) was alleged.
The Common Law Oliver Wendell Holmes, Jr.

The essential nature of “consideration” in contract is evolving from the procedural requirements for the action of assumpsit.
Our Legal Heritage, 5th Ed. S. A. Reilly

noun
(law) (before 1875) an action to recover damages for breach of an express or implied contract or agreement that was not under seal

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  • Assumption

    something taken for granted; a supposition: a correct assumption. Synonyms: presupposition; hypothesis, conjecture, guess, postulate, theory. the act of taking for granted or supposing. Synonyms: presumption; presupposition. the act of taking to or upon oneself. Synonyms: acceptance, shouldering. the act of taking possession of something: the assumption of power. Synonyms: seizure, appropriation, usurpation, arrogation. arrogance; […]

  • Assumptionist

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  • Assumptions

    something taken for granted; a supposition: a correct assumption. Synonyms: presupposition; hypothesis, conjecture, guess, postulate, theory. the act of taking for granted or supposing. Synonyms: presumption; presupposition. the act of taking to or upon oneself. Synonyms: acceptance, shouldering. the act of taking possession of something: the assumption of power. Synonyms: seizure, appropriation, usurpation, arrogation. arrogance; […]

  • Assumptive

    taken for granted. characterized by : an assumptive statement. . adj. early 15c., from Latin assumptivus, from assumpt-, past participle stem of assumere (see assume) + -ive.



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