Assumpsit is a legal term that historically refers to a common law action for breach of an implied or express promise. It originated in English common law and was used as a remedy for various types of contractual disputes. The term itself is derived from the Latin phrase "assumpserunt", meaning "they undertook" or "they promised."
In cases of express assumpsit, the promise is explicitly stated, either orally or in writing. The plaintiff brings an action based on the defendant's failure to fulfill a clear and definite promise. Implied assumpsit arises when there is no explicit promise, but the circumstances imply an obligation to perform a certain act. It is based on the defendant's conduct or the nature of the relationship between the parties.
Assumpsit was a flexible legal remedy that allowed for the enforcement of both express and implied promises. It provided a way to seek damages for the breach of a contractual obligation. The use of assumpsit played a role in the development of contract law. It allowed the courts to address contractual disputes in a more nuanced way, recognising both explicit and implied agreements.
The primary remedy sought in an assumpsit action was monetary damages. The plaintiff could seek compensation for any losses suffered as a result of the defendant's failure to fulfil the promise. Assumpsit developed as an alternative to the older form of action known as covenant, which required a strict, formalized written agreement. Assumpsit allowed for a more flexible and adaptable approach to contractual disputes, emphasising the substance of the promise rather than the form.
While the term "assumpsit" is not commonly used in contemporary legal language, its historical significance is evident in the evolution of contract law. Modern contract law has incorporated and expanded upon the principles that underlie assumpsit, providing remedies for the breach of both express and implied contracts.
In summary, assumpsit refers to a legal action for the breach of a promise, whether express or implied, and played a crucial role in the historical development of contract law.
