An action to recover damages for a breach or nonperformance of a contract or promise, express or implied, oral or in writing not under seal. Common or indebitatus assumpsit is brought for the most part on an implied promise. Special assumpsit is founded on an express promise or undertaking.
Assumpsit ("he has undertaken," from Latin, assumere) is an action for the recovery of damages by reason of the breach or non-performance of a simple contract, either express or implied, and whether made orally or in writing.