Contracts Flashcards
1
Q
implied-in-law contract (“quasi-contract”)
A
1) plaintiff has conferred measurable benefit on defendant
2) plaintiff acted without gratuitous intent
3) it would be unfair to let the defendant retain the benefit either because the defendant had an opportunity to decline the benefit but knowingly accepted it, or plaintiff had a reasonable excuse for not giving defendant such opportunity, usually because of an emergency (“unjust enrichment”)