ASSUMPSIT (" he has undertaken," from

See also:

• LAT

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