As a legal term, assumpsit refers to an implied or expressed promise to carry out a certain task. Understanding this concept is essential for law students and legal professionals alike, but it can also be beneficial for students in other fields. As such, educators can help their students grasp this critical concept by incorporating it into their curriculum.
One of the main challenges of teaching assumpsit is that it is a foreign term to most students. Educators should start with a definition of the term, its origin, and how it is used in the legal system. Assumpsit can refer to an oral or written promise, or even implied from conduct, to pay compensation or perform a given task. The etymology of the term stems from the Latin phrase “he assumed” or “he undertook” and is used frequently in contract law. There is often a lack of clarity in situations where there are no written agreements, which can lead to legal disputes.
Once the concept is introduced, educators should offer examples of assumpsit to clarify what it means. A layperson’s example would be a property owner who asks a painter to repaint their home. If the painter agrees to do the job but fails to do so, the property owner may have a right to sue for a breach of implied contract. This example is useful as it demonstrates how the act of painting the house implies an agreement that the painter would be paid for their services.
To further help students understand the concept, educators should also teach them the elements of an assumpsit claim and how to prove it. The three key elements of assumpsit are the existence of an agreement, damages suffered by the claimant, and the failure of the defendant to carry out the contract. Students should be able to identify these elements within a given scenario. Educators should also explain the different types of remedies available in a case of breach, including monetary compensation and specific performance (where the defendant is compelled to perform the agreed-upon task).
Finally, educators should encourage discussions and debates around assumpsit. By creating opportunities for class participation, students are more likely to retain the information presented. A debate or discussion among the student body can solidify the understanding of the concept and encourage collaborative problem-solving.
In conclusion, teaching assumpsit is essential for students who will be working in fields where contracts are commonly used. Understanding the concept of implied agreements, their elements, and remedies available in case of a breach can help students recognize different legal situations in the future. Properly incorporating assumpsit into an educational curricula can help students in a wide range of disciplines, from business to law, and beyond.
