Assumpsit Pro Rata Law and Legal Definition

Assumpsit pro rata means he undertook according to the proportion. When all of the sum is received part of which was plaintiff's money, with knowledge thereof, on a pro rata basis, the implied obligation under the theory of assumpsit for money had and received is an assumpsit pro rata, that is, that the defendants undertook the implied promise to pay the plaintiff that which it in equity and in good conscience was entitled to, according to the proportion in which the defendants received the fund containing the plaintiff's money. [Gay v. McTimer, 114 Ga. App. 461 (Ga. Ct. App. 1966)].