Special assumpsit refers to a legal action taken when a person breaches an express contract. The term "assumpsit" is derived from Latin, meaning "he undertook." In this context, special assumpsit specifically addresses situations where a party fails to fulfill a promise or obligation outlined in a contract, leading to potential damages for the other party.
This term is primarily used in civil law, particularly in contract disputes. Special assumpsit actions are relevant in cases where one party seeks damages due to the other party's failure to honor an express agreement. Users can often manage these cases themselves with the help of legal templates and forms provided by services like US Legal Forms, which are designed by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A contractor agrees to build a deck for a homeowner by a specific date but fails to start the project. The homeowner can file a special assumpsit action to recover costs incurred due to the delay.
Example 2: A supplier promises to deliver materials by a certain date but fails to do so, causing a business to lose sales. The business can seek damages through a special assumpsit claim. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Special Assumpsit Variations |
|---|---|
| California | Allows for both expectation and reliance damages. |
| New York | Focuses on the terms of the contract and the damages directly caused by the breach. |
| Texas | Emphasizes the need for clear evidence of the contract terms and breach. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| General Assumpsit | A broader category of assumpsit actions, not limited to express contracts. | Includes implied contracts and does not require an express agreement. |
| Breach of Contract | A failure to perform any term of a contract. | Special assumpsit specifically addresses express promises, while breach of contract can include both express and implied terms. |
If you believe you have a case for special assumpsit, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by state and complexity of the case. |
| Jurisdiction | Civil courts in the relevant state. |
| Possible Penalties | Damages awarded to the injured party, which can include expectation damages. |
It is a legal action taken for breach of an express contract.