An implied-in-law contract is a legally enforceable agreement between two or more parties that can be verbal, written, or inferred from their actions. Also known as a quasi-contract or constructive contract, it is not explicitly stated but is imposed by the court to prevent unfairness or unjust enrichment to one party.
An implied-in-law contract, also known as a quasi-contract or constructive contract, is a type of contract that is not explicitly agreed upon by the parties involved. Instead, it is imposed by law to prevent one party from being unjustly enriched at the expense of another party. For instance, if a contractor performs work on a property without a written contract, but the property owner accepts and benefits from the work, a contract may be implied by the law. In such cases, the contractor can seek payment for the work performed, even without an explicit agreement. Another example is when a person receives emergency medical treatment and is unable to give consent. The law may imply a contract between the patient and the healthcare provider, allowing the provider to seek payment for the services rendered. In summary, an implied-in-law contract is a legal concept that enables the enforcement of obligations and duties between parties, even in the absence of an explicit agreement.
An implied-in-law contract is a legal agreement that is not explicitly stated or written down, but is instead inferred from the actions and circumstances of the parties involved.
An express contract is a written or verbal agreement that clearly outlines the terms and conditions of the agreement, while an implied-in-law contract is based on the actions and circumstances of the parties involved.
An implied-in-law contract is created when one party provides a benefit to another party, and the other party accepts and retains that benefit without objection.
The elements of an implied-in-law contract include a benefit conferred by one party, acceptance of that benefit by the other party, and an understanding that payment or compensation is expected in return.
Yes, an implied-in-law contract can be enforced in court if the elements of the contract are met and there is evidence to support the existence of the contract.
Examples of situations that might give rise to an implied-in-law contract include providing emergency medical care, performing necessary repairs on someone else’s property, or providing goods or services without a clear agreement on payment.
A quasi-contract is a legal fiction that is used to prevent unjust enrichment, while an implied-in-law contract is a true contract that is inferred from the actions and circumstances of the parties involved.
Yes, an implied-in-law contract can be modified or terminated by mutual agreement of the parties involved, or by a court order if there is a valid legal reason to do so.
Remedies for breach of an implied-in-law contract may include monetary damages, specific performance, or other equitable relief.
To protect yourself from liability for an implied-in-law contract, it is important to clearly communicate your expectations and intentions with the other party, and to document any agreements or understandings in writing whenever possible.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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