assumpsit definition
assumpsit literally means, in Latin, “he assumed” or “he undertook,” and was a form of action which developed for the enforcement of a simple, actual contract (in contrast to one under seal where the action was one on “Covenant”). Alternatives Unlimited Inc. v. New Baltimore City Bd. of Sch. Comm r’s, 843 A.2d 252, 284 (Md. Ct. Spec. App. 2004). Assumpsit eventually expanded from allowing the enforcement of express contracts, to the enforcement of contracts implied from the conduct of the parties, and then to “certain instances of unjust enrichment, where the law was willing to create a contract, as a legal fiction, where none in fact existed.” Id.
assumpsit which means the Latin word “he has undertaken”, in common law, an action to recover damages for breach of contract. Consideration has been variously defined.