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Simple English definitions for legal terms

constructive contract

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A quick definition of constructive contract:

A constructive contract is a type of agreement that is created by the law to prevent unfairness. It happens when one person gives a benefit to another person, and the second person keeps that benefit without paying for it. The law steps in to make sure that the second person pays for the benefit they received. However, if there is already a contract in place, a constructive contract cannot be created.

A more thorough explanation:

A constructive contract, also known as a quasi-contract, is a legal obligation that is created by the law of equity and justice when there is no agreement between the parties. This is done to prevent unjust enrichment. It is important to note that a court cannot find a quasi-contract if there is already an existing contract, either express or implied, covering the same subject matter.

For example, if a person hires a contractor to build a house, and the contractor does not complete the work, the homeowner may be able to recover the cost of the work that was not completed. This is because the homeowner conferred a benefit upon the contractor, and it would be unfair for the contractor to keep the money without completing the work.

Another example of a constructive contract is when a person finds a lost item and returns it to the owner. The person who found the item may be entitled to a reward or compensation for their efforts. This is because the owner of the lost item received a benefit from the person who found it, and it would be unfair for the owner to keep the item without compensating the person who found it.

In both examples, a benefit was conferred upon one party, and it would be unfair for that party to keep the benefit without compensating the other party. This is where a constructive contract comes into play, as it creates a legal obligation to prevent unjust enrichment.

constructive | constructive discharge

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CheeseIsMyLoveLanguage
19:56
I'm totally riding the Roomba when I become a cat. And knocking shit over, just because cats can be assholes like that and get away with it. And then I'll be cute. 😸
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I was a dog in my previous life. That's why I like to chew on bones when I eat porterhouses or ribs or chicken.
CheeseIsMyLoveLanguage
20:09
I would totally fuck up a porterhouse or some ribs. 🤤 (I had chicken for lunch)
20:25
Thinkin bout running an underground kitchen whilst in law school. Would you guys buy from me?
21:24
I used to grill for my friends or make beer or soup or risotto so I say do it.
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Fk it, what are they gon do if they get sick, sue me? They are just wanna bees until they pass the bar >:D
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No rare steak tho. Aint no 'drag it thru the kitchen, wipe it's ass, and pin a rose on it' nope. Cannot have customers gettin sick.
21:55
How hard to get from 165 to 170?
22:10
depends. are you scoring lower on your Lr or RC
22:17
@MrThickRopes: probably like 30 more days of studying daily.
22:21
Playing bingo rn, wish me luck!
22:21
Higher on LR
22:21
My highest PT was 168
22:21
Ahh dude easy extra points through LR.
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They are there, its just a cost vs time question depending on A's or R's.
22:24
I might sign up for June LSAT
22:24
Just in case
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Just in case I decide to retake
CheeseIsMyLoveLanguage
22:31
Bingo always reminds me of the scene in Girl, Interrupted, where they were calling SSNs for the draft and one of the patience said “bingo” after each SSN.
@170+ scorers what tutoring company or prep company did you use?
23:18
Y'all should hit up @crabbyapple if you want a 170+
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I didn't study before I got a 165 maybe I study a bit get a 170
Can @crabbyapple actually help
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Probably. She helped me once.
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You think people are going to bully me in law school if I pull my pants down all the way to pee in the urinal?
crabapple
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If you have a question you can ask in chat and people here are happy to help
crabapple
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I'm kinda at capacity for clients at the moment tbh but can help with individual questions or general strategy advice
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Have you read any books or too busy with work?
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