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for a valid contract are met, there is a perfectly normal contract. The only distinction between a contract arising by express agreement between two people and a contract implied-in-fact is that the latter was recognized by a court drawing inferences from facts proved at trial. When the plaintiff
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and is still a concept used in some modern legal systems. Quasi contract laws have been deduced from the Latin statement "Nemo debet locupletari ex aliena iactura", which proclaims that no one should grow rich out of another person's loss. It was one of the central doctrines of Roman law.
204:, 11 January 2008: "This is an action in contract and quasi-contract for services ... After a bench trial, the district court entered judgment for Rambo on its contract claim and denied recovery on the quasi-contract claim."
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there were a contract subsisting between the parties. The defendant's promise—their agreement to be bound by the "contract"—was implied by law. The law of quasi-contract was generally used to enforce
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came to include various sub-forms known as the common money counts. The most important of these for the later development of the law of quasi-contract included: (i) actions for
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sued on either sort of contract, he was suing in the law of contract in respect of a consensually assumed obligation and her remedy for the defendant's breach was damages.
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A quasi-contract is distinct from a contract implied in fact and may be distinguished from an explicitly agreed contract.
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A person's assent to be bound by an agreement can be expressed or implied. In the latter case, assuming the
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Quasi-contractual actions were generally (but not exclusively) used to remedy what would now be called
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145:, he was not enforcing some consensually assumed obligation, but rather an obligation imposed by law.
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there were a contract. When the plaintiff sued on such a 'contract' by bringing an action of
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107:. In most common law jurisdictions the law of quasi-contract has been superseded by the
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to the plaintiff's use; (ii) actions for money paid to the defendant's use; (iii)
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137:. In contrast, quasi-contract refers to situations in which a defendant is bound
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287:
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65:. In essence, the plaintiff would recover a money sum from the defendant
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jurisdictions, the law of quasi-contract can be traced to the medieval
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recognised by a court. The notion of a quasi-contract can be traced to
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by S. J. Stoljar; Sydney : Law Book Co. of
Australasia, 1964
258:Mason & Carter's Restitution Law in Australia
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69:the defendant had promised to pay it: that is,
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253:Goff & Jones Law of Unjust Enrichment
262:The Principles of the Law of Restitution
239:An Introduction to English Legal History
16:Fictional contract recognised by a court
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226:An Introduction to English Law History
13:
271:
14:
315:
171:Restitution and unjust enrichment
250:See generally, Mitchell et al,
237:See generally, Sir John Baker,
224:See generally, Sir John Baker,
198:Eighth Circuit Court of Appeals
260:(2nd ed, 2008); Graham Virgo,
256:(8th ed, 2011); Carter et al,
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231:
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190:
1:
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80:The form of action known as
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115:Quasi-contract and contract
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320:
202:Rambo v. South Tama County
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278:The Law of Quasi-Contract
124:Contract implied in fact.
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156:Implied-in-fact contract
109:law of unjust enrichment
25:implied-in-law contract
176:Officious intermeddler
86:money had and received
143:indebitatus assumpsit
128:requisite formalities
82:indebitatus assumpsit
62:indebitatus assumpsit
29:constructive contract
166:Promissory estoppel
299:Law of obligations
161:Negotiorum gestio
105:unjust enrichment
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196:See for example
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97:quantum valebant
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272:Further reading
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304:Legal fictions
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135:Quasi-contract
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91:quantum meruit
75:restitutionary
57:form of action
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21:quasi-contract
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294:Contract law
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94:; and (iv)
288:Categories
212:References
53:common law
59:known as
40:Roman law
33:fictional
241:(4th ed)
228:(4th ed)
150:See also
36:contract
47:History
31:) is a
184:Notes
139:as if
71:as if
67:as if
23:(or
51:In
27:or
290::
200:,
111:.
100:.
19:A
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