An implied assumpsit refers to a situation where a person has not explicitly promised to perform a task or pay a sum of money, yet their actions suggest they have accepted an obligation to act fairly and justly. This legal concept is often invoked when one party benefits from the services or goods provided by another, even in the absence of a formal contract.
Implied assumpsit is commonly used in civil law, particularly in cases involving contracts and restitution. It allows a plaintiff to seek compensation for the value of goods or services provided when no formal agreement exists. This term is relevant in various legal scenarios, including:
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Here are a couple of examples of abatement:
Example 1: A homeowner hires a contractor to perform work on their house. The contractor completes the work, but the homeowner refuses to pay, claiming there was no written contract. The contractor may file a claim based on implied assumpsit to recover the reasonable value of the services rendered.
Example 2: A person orders food from a restaurant but does not formally pay for it. If they consume the food, the restaurant can seek payment based on implied assumpsit, as the customer benefited from the service provided. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Implied assumpsit claims often arise in consumer transactions. |
| New York | Courts may require proof of benefit to the defendant to establish a claim. |
| Texas | There are specific statutes that govern implied contracts in certain industries. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Express Contract | A formal agreement where terms are clearly stated. | Unlike implied assumpsit, an express contract involves explicit promises. |
| Quasi-Contract | A legal construct to prevent unjust enrichment. | Quasi-contracts are similar but typically involve court-imposed obligations, unlike implied assumpsit which arises from conduct. |
If you believe you have a claim based on implied assumpsit, consider the following steps:
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