Assumpsit
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
Lat. Hea 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 ba gement in distinct and definite language; bis implied where the law infers a promise hough no formal one has passed) from the miduet of the party or the circumstances of ie case, ti practice. A form of action which lies rthe recovery of damages for the non-permance of a parol or simple contract: or acontract that is neither of record nor under ul.
7 Term, 351; 3 Johns. Cas, 60.
The ordinary division of this action is into 1} common or indebiiatus assumpsit, sight for the most part on an implied omise; and (2) special assumpsit, founded jan express promise, Steph. Pl. 11, 13. The action of asswmpsit differs Trom tras« ass and trove, which are founded on a tort, it upona contract; from covenant and debi, ich are appropriute where the ground of very is a sealed instrument, or special ligation to pay a fixed sum; and from re Jevin, which seeks the recovery of specific mnerty, if attainable, rather than of damce