Legal Definitions - assumpsit

Assumpsit is a historical legal term from common law that refers to a type of lawsuit brought to enforce a promise or to seek financial compensation (damages) when a promise was broken. It was a pivotal development in legal history, allowing courts to address situations where one person failed to uphold an agreement, even if that agreement wasn't a formal, sealed contract.

Essentially, assumpsit covered two main categories of promises:

• Special Assumpsit: This involved the breach of an express promise or a clearly stated contract, whether it was written down or agreed upon verbally. The person bringing the lawsuit (the plaintiff) would seek damages for the failure to perform a specific, agreed-upon action.
• General Assumpsit (also known as Indebitatus Assumpsit): This dealt with situations where the law implied a promise to pay, even if no explicit agreement was ever made. It often applied when one person had received a benefit from another and fairness dictated that they should pay for it, or when there was an existing debt. This form was particularly important for recovering money owed without a formal, sealed document.

While the specific legal action of assumpsit has largely been replaced by modern contract law, its underlying principles were fundamental in shaping many of the contractual and quasi-contractual remedies we recognize today.

Examples of Assumpsit:

• Example 1 (Special Assumpsit - Express Promise):

  Imagine a small business owner hires a web designer to create a new e-commerce website for a fixed fee, with a clear deadline for completion. They shake hands on the agreement and the designer begins work. However, the designer then abandons the project halfway through, failing to deliver the completed website by the agreed date.

  This scenario would have been a case for special assumpsit. The business owner and the web designer had an express agreement (a clear, stated promise) for a specific service at a set price and timeline. The designer's failure to complete the work would be a breach of that promise, allowing the business owner to seek damages through this action.

• Example 2 (General Assumpsit - Implied Promise/Benefit Received):

  Consider a situation where a homeowner's roof is severely damaged in a sudden storm, causing water to pour into their living room. A neighbor, seeing the emergency, quickly calls a local roofing company on the homeowner's behalf to perform immediate, essential repairs to prevent further damage, even though the homeowner is away and cannot be reached. The roofing company performs the emergency work.

  This situation illustrates general assumpsit. Even though the homeowner did not explicitly contract with the roofing company, the law would imply a promise to pay for the necessary emergency services received. The homeowner benefited significantly from the repairs that prevented greater damage, and it would be unjust for them not to compensate the roofing company. The action of general assumpsit would have allowed the company to recover payment based on this implied obligation.

• Example 3 (General Assumpsit - Debt Owed):

  A farmer regularly sells produce to a local restaurant, delivering fresh vegetables each week. They have an ongoing understanding that the restaurant will pay for the produce at the end of each month. After several months of consistent deliveries, the restaurant owner falls behind on payments, accumulating a substantial outstanding balance for the produce received. There is no formal, written contract, just a consistent pattern of transactions and verbal agreements.

  This scenario could have been addressed through general assumpsit. The farmer is owed a debt for the goods supplied. Even without a formal, sealed contract, the repeated transactions and the understanding of monthly payments create an implied promise or obligation to pay. General assumpsit would have provided a means for the farmer to recover the outstanding debt based on this implied promise.