assumpsit

[uh-suhmp-sit]

assumpsit Definition

  • 1a common law action to recover damages for breach of contract
  • 2an express or implied promise or contract

Using assumpsit: Examples

Take a moment to familiarize yourself with how "assumpsit" can be used in various situations through the following examples!

  • Example

    The plaintiff brought an assumpsit action against the defendant for breach of contract.

  • Example

    Assumpsit is a legal term that refers to an express or implied promise or contract.

Phrases with assumpsit

  • quantum meruit and quantum valebat

    legal terms used in assumpsit cases to determine the amount of compensation owed for services rendered or goods provided

    Example

    The court awarded damages based on quantum meruit, which means 'as much as he deserved,' rather than quantum valebat, which means 'as much as it was worth.'

  • a type of assumpsit action that seeks to recover damages for a breach of contract that arises from a special relationship between the parties

    Example

    A special assumpsit action may be brought by a principal against an agent for breach of fiduciary duty.

  • a type of assumpsit action that seeks to recover damages for a breach of contract that arises from a general commercial transaction

    Example

    A general assumpsit action may be brought by a buyer against a seller for breach of warranty.

Origins of assumpsit

from Latin 'assumere', meaning 'to undertake'

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Summary: assumpsit in Brief

'Assumpsit' [uh-suhmp-sit] is a legal term that refers to an express or implied promise or contract. It is also a common law action to recover damages for breach of contract. The term is often used in legal contexts, and is associated with phrases like 'quantum meruit and quantum valebat,' which are used to determine the amount of compensation owed for services rendered or goods provided.