Assumpsit: A Comprehensive Guide to Its Legal Meaning and Types

Definition & Meaning

Assumpsit refers to a type of agreement, either expressed or implied, in which one party agrees to perform a specific act or to pay a sum of money to another party. This legal concept is often used in situations where a formal contract may not exist, but the actions of one party suggest that they have assumed an obligation.

There are two main types of assumpsit:

Express assumpsit: This occurs when one party explicitly agrees, either verbally or in writing, to fulfill a duty or pay a certain amount.
Implied assumpsit: This arises when a party's conduct implies an obligation, even if no formal promise was made.

Table of content

Legal Use & context

Assumpsit is primarily used in civil law, particularly in contract disputes. It serves as a basis for claims when one party believes another has failed to fulfill their obligations under an agreement. This term is relevant in various legal contexts, including:

Contract law
Debt recovery
Business transactions

Users can manage some of these issues themselves with the right legal templates available through US Legal Forms, which are drafted by qualified attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples to illustrate assumpsit:

A homeowner hires a contractor to perform repairs on their property. If the contractor fails to complete the work, the homeowner may file a claim for assumpsit based on the contractor's express promise to perform the repairs.
A person regularly orders coffee from a local caf©. If the caf© fails to provide the coffee after taking payment, the customer may argue that an implied assumpsit exists based on the caf©'s conduct of accepting payment and providing the service in the past. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State	Key Differences
California	Has specific statutes regarding implied contracts.
New York	Recognizes both express and implied assumpsit in contract claims.
Texas	Focuses on the intent of the parties in determining obligations.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Description	Difference
Contract	A formal agreement between parties.	Assumpsit can exist without a formal contract.
Quasi-contract	A legal obligation created by a court to prevent unjust enrichment.	Assumpsit is based on assumed obligations, while quasi-contracts arise from legal principles.

Common misunderstandings

What to do if this term applies to you

If you believe assumpsit applies to your situation, consider the following steps:

Document any agreements or communications related to the obligation.
Gather evidence of the conduct that implies the obligation.
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Quick facts

Attribute	Details
Typical Fees	Varies by case and jurisdiction.
Jurisdiction	Applicable in civil law across all states.
Possible Penalties	May include damages for breach of obligation.