See Also: ASSUMPSIT, contracts(law)
non assumpsit(dictionary)
assumpsit(encyclopedia)
assumpsit(dictionary)
NON ASSUMPSIT, pleading(law)
NON ASSUMPSIT INFRA SEX ANNOS(law)
SPECIAL ASSUMPSIT, practice(law)
INDEBITATUS ASSUMPSIT, remedies, pleadings(law)
BID, contracts(law)
BAR, contracts(law)

ASSUMPSIT, contracts (law)


ASSUMPSIT, contracts. An undertaking either express or implied, to perform aparol agreement. 1 Lilly' s Reg. 132.parol agreement. 1 Lilly' s Reg. 132. 2. An express assumpsit is where one undertakes verbally or in writing, 2. An express assumpsit is where one undertakes verbally or in writing,not under seal, or by matter of record, to perform an act, or to pa a sum ofnot under seal, or by matter of record, to perform an act, or to pa a sum ofmoney to another.money to another. 3. An implied assumpsit is where one has not made any formal promise to 3. An implied assumpsit is where one has not made any formal promise todo an act or to pay a sum of money to another, but who is presumed from hisdo an act or to pay a sum of money to another, but who is presumed from hisconduct to have assumed to do what is in point of law just and right; for,conduct to have assumed to do what is in point of law just and right; for,1st, it is to be presumed that no one desires to enrich himself at the1st, it is to be presumed that no one desires to enrich himself at theexpense of another; 2d, it is a rule that he who desires the antecedent,expense of another; 2d, it is a rule that he who desires the antecedent,must abide by the consequent; as, if I receive a loaf of bread or amust abide by the consequent; as, if I receive a loaf of bread or anewspaper daily sent to my house without orders, and I use it withoutnewspaper daily sent to my house without orders, and I use it withoutobjection, I am presumed to have accepted the terms upon which the personobjection, I am presumed to have accepted the terms upon which the personsending it had in contemplation, that I should pay a fair price for it; 3d,sending it had in contemplation, that I should pay a fair price for it; 3d,it is also a rule that every one is presumed to assent to what is useful toit is also a rule that every one is presumed to assent to what is useful tohim. See Assenthim. See Assent