ASSUMPSIT, (from ussumo, to assume, or wider take,) in the law ol England, signifies a voluntary pro mise or vernal covenant, whereby a person undertakes to perform or pay something to another ; and, if he fails, there lies an action upon the case for the ussumpsit or undertaking.
An assunosit is either express or implied. It is ex press when there is an actual covenant or promise of performance. For example, if A. promises, undertakes, or assumes to B. that he will perform a certain piece of work within a limited time, and fails to do so ; B. has an action on the case against A. for this breach of his express promise, undertaking, or assumpsit ; and shall recover a pecuniary indemnification for the injury sus tained in consequence of the delay. So also, in the case of a debt for simple contract, if the debtor promises to pay it, and does not ; the creditor, upon this breach of promise, is entitled to his action on the case, instead of being driven to an action of debt.
A promissory note, or note of hand not under seal, to pay money on a day certain, is an express assumpsit ; and the value of the note in damages may be recover ed, if it remains unpaid. Some agreements, indeed, are deemed of too important a nature to be allowed to rest upon a bare verbal promise only, which, as it cannot be proved but by the memory of witnesses, will sometimes induce perjury. Accordingly it is enacted by the sta tute of frauds and perjuries, 29 Car. II. c. 3. that in certain cases, no verbal promise shall be a sufficient ground of action, but, at least, some note or memoran dum of it must be made in writing, and signed by the party to be charged therewith. These cases are, 1. Where an executor or administrator promises to answer damages out of his own estate. 2. Where one under takes to answer for the debt, &c. of another. 3. Where any agreement is made, upon consideration of marriage. 4. Where any contract or sale is made of lands, tene ments, &c. or any interest therein. 5. Where there is an agreement which is not to be performed within a year.
There are likewise implied assumpsits, where the law presumes a promise or undertaking. Such implied as
sumfaits are, 1. Where A. employs B. to transact any business, or perform any work for him ; for the law pre sumes that A. undertook to pay B. as much as his labour deserved : And if A. fails to do so, B. may bring his ac tion on the case for this implied assumpsit. This is call ed an assumpsit on a quantum nzeruit ; and the valuation is submitted to the determination of a jury. 2. An as sumpsit on a quantum valebat ; where one takes up goods of a tradesman, without expressly agreeing for the price. Here the law presumes an agreement, that the real value of the goods should be paid ; and if the vendee refuses to pay that value, the vender may bring his action on the case. 3. Where one has received money of another's, without any valuable consideration given ; for the law construes this to be money received for behoof of the owner only, and implies that the receiver promised and undertook to account for it to the true proprietor. This is a very extensive and beneficial remedy. It lies for money paid by mistake, or on a consideration which happens to fail, or through imposition, extortion, or op pression, k-c. and it is applicable to almost every case where the defendant has received money which, ex erguo et bono, he ought to refund. 4. Where one has expend ed money of his own for behoof of another, at his re quest. Here the law presumes a promise of repayment, and action will lie on this assumpsit. 5. Where there is a balance upon a stated account between two merchants, or other persons ; for the law implies, that he against whom the balance appears has engaged to pay it to the other, though there be no actual promise. 6. Where one undertakes any office, employment, or trust, the law implies a contract between him and his employers, that he shall perform it with integrity, diligence, and skill: And if any injury accrues to individuals from the want of those qualities, they have their remedy by a special action on the case.