Legal Definitions - general assumpsit

General assumpsit is a legal principle that allows a court to create an implied promise between parties, even when no explicit contract was ever formed. It is a specific type of "assumpsit," which historically referred to a legal action based on a promise. General assumpsit applies in situations where one party has received a benefit from another, and it would be unfair or unjust for them to keep that benefit without paying for it.

In essence, the law "assumes" a promise to pay for the value received, thereby preventing what is known as "unjust enrichment." It is often invoked when there is no formal written or verbal contract, but fairness and equity demand that payment is due for services rendered or goods received.

Here are some examples illustrating general assumpsit:

• Emergency Services Rendered: Imagine a person driving on a remote highway who suddenly experiences a severe medical emergency, losing consciousness. Another driver, a trained nurse who is off-duty, stops and provides critical first aid and stabilizes the person until an ambulance arrives. The injured person recovers but never explicitly agreed to pay the nurse for her assistance.

  How it illustrates general assumpsit: Even though there was no prior agreement or contract, the nurse provided valuable and necessary life-saving services, and the injured person received a significant benefit. Under general assumpsit, a court might imply a promise on the part of the recovered person to pay the reasonable value of the emergency medical services rendered, preventing them from being unjustly enriched by the nurse's efforts.

• Mistaken Improvement to Property: A construction company is hired to build a new driveway for Ms. Davis. Due to an error in reading the property lines, they mistakenly build the driveway entirely on her neighbor, Mr. Miller's, property. Mr. Miller observes the construction daily, realizes the mistake, but says nothing and allows the work to be completed, then begins using the new driveway.

  How it illustrates general assumpsit: Mr. Miller received a valuable improvement to his property without paying for it, and he knew it was a mistake but allowed it to happen. General assumpsit could be used to imply a promise on his part to pay the reasonable cost of the driveway to the construction company, as it would be unjust for him to benefit from their work without compensation.

• Goods Received and Consumed by Mistake: A furniture store accidentally delivers a brand new, expensive sofa to the wrong address, Mr. Kim's apartment, instead of the intended customer's. Mr. Kim, realizing it's not his order but seeing the high-quality item, decides to keep it and uses it in his living room for several weeks.

  How it illustrates general assumpsit: Mr. Kim received valuable goods that were not intended for him and used them, knowing they were delivered by mistake. General assumpsit would imply a promise from Mr. Kim to pay the reasonable value of the sofa to the furniture store, as it would be unjust for him to benefit from the store's error without providing compensation.