Understanding Express Assumpsit: A Key Legal Concept

Q: Can express assumpsit be verbal?

Yes, express assumpsit can arise from both verbal and written agreements.

Q: What should I do if someone breaches a contract with me?

Document the breach, gather evidence, and consider using legal forms to file a claim.

Definition & Meaning

Express assumpsit refers to a legal action where one party explicitly agrees, either verbally or in writing, to perform a specific act or pay a certain amount of money to another party. Unlike contracts that are sealed or recorded, express assumpsit relies on clear, direct agreements. The term "assumpsit" comes from Latin, meaning "he undertook." This legal concept is primarily invoked when one party breaches an express contract, which is also known as special assumpsit.

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Legal Use & context

Express assumpsit is commonly used in civil law, particularly in contract disputes. It allows individuals and businesses to seek remedies when one party fails to fulfill their contractual obligations. Users can manage some aspects of express assumpsit cases themselves by utilizing legal templates and forms provided by services like US Legal Forms, which are drafted by qualified attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A homeowner hires a contractor to renovate their kitchen. The contractor agrees in writing to complete the work by a specific date but fails to do so. The homeowner can file an express assumpsit claim for breach of contract.

Example 2: A business agrees to pay a supplier a certain amount for materials, but the payment is not made. The supplier may pursue an express assumpsit action to recover the owed amount. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State	Notes
California	Express assumpsit claims are often governed by the California Civil Code.
New York	New York recognizes express assumpsit as a means to enforce contracts, with specific procedural rules.
Texas	In Texas, express assumpsit claims can be included in breach of contract lawsuits.

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

Comparison with related terms

Term	Definition	Key Differences
Implied Assumpsit	Obligations inferred from actions or circumstances rather than explicitly stated.	Express assumpsit requires a clear agreement, while implied assumpsit is based on inferred obligations.
Contract	A legally binding agreement between parties.	Express assumpsit is a specific type of action related to contract breaches.

Common misunderstandings

What to do if this term applies to you

If you believe you have a case involving express assumpsit, consider the following steps:

Document all agreements and communications related to the contract.
Gather evidence of the breach and any damages incurred.
Explore legal templates from US Legal Forms to draft your claim.
If the situation is complex or the amount involved is significant, consult a legal professional for tailored advice.

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Quick facts

Typical fees: Varies by attorney and complexity of the case.
Jurisdiction: Primarily civil courts.
Possible penalties: Monetary damages for breach of contract.

Key takeaways

Frequently asked questions

What is express assumpsit?

It is a legal action based on a clear agreement where one party fails to fulfill their obligations.