assumpsit


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as·sump·sit

 (ə-sŭmp′sĭt)
n.
1. An agreement or promise made orally or in writing not under seal; a contract.
2. A legal action seeking compensation for the nonperformance of a contract that was not officially approved or recorded.

[New Latin assūmpsit, from third person sing. perfect tense of Latin assūmere, to undertake; see assume.]
American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

assumpsit

(əˈsʌmpsɪt)
n
(Law) law (before 1875) an action to recover damages for breach of an express or implied contract or agreement that was not under seal
[C17: from Latin, literally: he has undertaken, from assūmere to assume]
Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014

as•sump•sit

(əˈsʌmp sɪt)

n.
1. a legal action for a breach of agreement.
2. an actionable promise.
[1605–15; < Latin: he has taken up]
Random House Kernerman Webster's College Dictionary, © 2010 K Dictionaries Ltd. Copyright 2005, 1997, 1991 by Random House, Inc. All rights reserved.
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References in periodicals archive ?
(4 How.) 327, 327 (1845) (entertaining an assumpsit action on writ of error to the Circuit Court of the United States for the Southern District of New York); Swartwout v.
Instead, it reasserted the requirement, traceable to the pre-Common Law Procedure Act (26) formulations of pleading claims in assumpsit for a quantum recruit, that a successful claim for restitution for services must be based on an express or implied request for the performance of services.
"When the ghosts of case and assumpsit walk hand in hand at
First-year classes in law school have the atmosphere of a Berlitz course: exotic words such as assumpsit and res ipsa loquitur fill the air, and selected images help acclimate students to the law as a 'foreign' culture." (footnote omitted)).
Baker could file a writ of assumpsit for the legal remedy he wanted--forcing Able to pay his debt.
assumpsit, and replevin, against executive officers who had acted in
Georgia, (18) in 1793, where the Court held that sovereign immunity did not bar a suit in assumpsit by a South Carolina citizen against Georgia, as it fell within Article III's grant of judicial power over controversies "between a State and Citizens of another State." (19) With a swiftness remarkable for that period or any other, the Eleventh Amendment was passed to overrule that holding within two years.
309, 313 (1890) ("[T]he form of his remedy, whether it must be in covenant or assumpsit, at law or in equity, is governed by the lex fori ...
(2 Dall.) 419 (1793) (holding Georgia was suable without its consent in the Supreme Court by an out-of-state citizen on an action of assumpsit).
56, 61 (1848) (containing the first reference to this principle in dictum in the context of an assumpsit case).
PLUCKNETT, A CONCISE HISTORY OF THE COMMON LAW 405-11 (1929) (describing how competition between courts gave rise to the action of assumpsit); see also id.
To that end, government, through chancery, expanded the scope of liability for workers for negligent performance or nonperformance by issuing new writs of assumpsit and trespass on the case.(14) Assumpsit involved nonwritten agreements and trespass on the case pertained to harms that were inflicted indirectly by the defendant's actions.