Assumed Risks

Risks which the law implies the servant to have assumed as part of his contract of employment, and for ASSUMPSIT (Lat. assumere, to assume, to undertake; assumpsit, he has undertaken). In Contracts. An undertaking, either express or implied, to perform a parol agreement. 1 Lilly, Reg. 132. Express assumpsit is an undertaking made orally by writing not under seal, or by matter of record, to perform an act, or to pay a sum of money to another. Implied assumpsit is an undertaking presumed in law to have been made by a party, from his conduct, although he has not made any express promise. —.^In Practice. A form of action which lies for the recovery of damages for the nonperformance of a parol or simple contract. 7 Term R. 351; 3 Johns. Cas. (N. Y.) 60. It differs from debt, since the amount claimed need not be liquidated (see "Debt"), and from covenant, since it does not require a contract under seal to support it (see "Covenant"). See 4 Coke, 91; 4 Burrows, 1008; 14 Pick. (Mass.) 428; 2 Mete. (Mass.) 181. Assumpsit is one of the class of actions called "actions upon the case," and in the older books is called "action upon the case upon assumpsit." Comyn, Dig. Special assumpsit is an action of assumpsit brought upon an express contract or promise. General assumpsit, sometimes called indebitatus assumpsit, is an action of assum,psit brought upon the promise or contract implied by law in certain cases. See 2 Smith, Lead. Cas. (5th Am. Ed.) 14. See "Common Counts."