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Simple English definitions for legal terms

contract implied in law

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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

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ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
soapy
8:48
UMN under review! As predicted, decisions are gonna come out early December
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