Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

contract implied in law

Read a random definition: FTS

A quick definition of contract implied in law:

A contract implied in law, also known as a quasi-contract or constructive contract, is a legal obligation created by a court to prevent someone from unfairly benefiting at the expense of another person. It is not a real contract, but rather a way for the court to make sure that justice is served. This type of contract only applies to remedies, not to the general rules of contracts. It can only be used if there is no other contract already in place that covers the same subject matter. A constructive contract can occur if someone receives a benefit from another person, knows about it, and keeps the benefit without paying for it, which would be unfair. This is different from a contract implied in fact, where the parties intend to create a contract, but do not do so in writing or verbally.

A more thorough explanation:

A contract implied in law, also known as a quasi-contract or a constructive contract, is a legal obligation created by the court to prevent unjust enrichment. It is not an actual contract, but rather a legal fiction created to ensure fairness and equity in certain situations.

For example, if a person provides services to another person without a prior agreement, the court may imply a contract to ensure that the person who received the services pays for them. This is because it would be unfair for the person who provided the services to go uncompensated.

A contract implied in law is different from a contract implied in fact, which is an actual contract that is not expressed in writing or words. In a contract implied in fact, the parties intend to create a contract through their actions or conduct.

It is important to note that a court cannot find a contract implied in law if there already exists a contract, either express or implied, covering the same subject matter. Additionally, a contract implied in law only operates as a valid contract for purposes of remedy, meaning that it only allows for compensation for the benefit conferred upon the defendant by the plaintiff.

One example of a contract implied in law is when a person provides emergency medical care to another person without a prior agreement. The court may imply a contract to ensure that the person who received the medical care pays for it, as it would be unfair for the person who provided the care to go uncompensated.

Another example is when a person performs repairs on another person's property without a prior agreement. The court may imply a contract to ensure that the person who received the repairs pays for them, as it would be unfair for the person who provided the repairs to go uncompensated.

contract implied in fact | contract of adhesion

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
LSD+ is ad-free, with DMs, discounts, case briefs & more.