How Do You Spell GENERAL ASSUMPSIT?

1. General Assumpsit is a legal term used in the field of contract law to refer to an action brought by a plaintiff against a defendant for the breach of an implied or oral contract. The term "assumpsit" originates from the Latin word "assumere," meaning "to undertake," and it denotes a promise or agreement to perform a certain act. In a General Assumpsit claim, the plaintiff alleges that the defendant has failed to fulfill their obligations under a contract that was either implied from the circumstances or made verbally without a formal written agreement.

   The term "general" in General Assumpsit refers to the fact that this type of action can be used for any type of contractual arrangement, regardless of the subject matter or specialized characteristics. It is a broader category compared to Special Assumpsit, which is a claim arising from a specific kind of contract, such as a sale of goods or a promise to pay a debt.

   To succeed in a General Assumpsit claim, the plaintiff generally needs to prove the existence of a valid contract, the defendant's breach of that contract, and resulting damages. The burden of proof may vary depending on the jurisdiction and the specific elements of the claim. General Assumpsit allows parties who have not entered into written contracts to seek legal recourse and hold each other accountable for any broken promises or agreements.

Common Misspellings for GENERAL ASSUMPSIT

The term "general assumpsit" originates from Latin and English legal language.

Starting with the word "assumpsit", it is derived from Latin, specifically from the verb "assumere", which means "to take upon oneself". In Roman law, "assumpsit" referred to a legally binding promise or undertaking.

The word "general" in "general assumpsit" is used to indicate a broader or more inclusive scope. In the legal context, it denotes a cause of action where one party makes a general promise to perform a duty or pay a debt, without specifying any particular terms or conditions. Thus, "general assumpsit" can refer to a breach of such a general promise or contract.

Ultimately, the term "general assumpsit" evolved within English common law to describe a type of action that could be brought in court to seek damages for the breach of an implied or oral contract.