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ASSUMPSIT (" he has undertaken," from...

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Originally appearing in Volume V02, Page 787 of the 1911 Encyclopedia Britannica.
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ASSUMPSIT (" he has undertaken," from See also:Lat. assumere) , a word applied to an See also:action for the recovery of See also:damages by See also:reason of the See also:breach or non-performance of a See also:simple See also:contract, either See also:express or implied, and whether made orally or in See also:writing. Assumpsit was the word always used in pleadings by the See also:plaintiff to set forth the See also:defendant's undertaking or promise, hence the name of the action. Claims in actions of assumpsit were ordinarily divided into (a) See also:common or indebitatus assumpsit, brought usually on an implied promise, and (b) 'See also:special assumpsit, founded on an express promise. Assumpsit as a See also:form of action became obsolete after the passing of the Judicature Acts 1873 and 1875.

End of Article: ASSUMPSIT (" he has undertaken," from Lat. assumere)

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