Implied Contracts

Question 1

What are the elements of an Implied in Fact Contract?

Answer 1

• Elements of an Implied in Fact Contract:
  ○ Where the intentions of the parties is not expressed, but an agreement in fact, creating an obligation is implied from their actions
  ○ A mutual intent to contract according to what is ordinary and customary–common understanding of men
  ○ Must contain all the elements of an express contract:
  § Mutual agreement or consent
  § Intention of the parties
  § Meeting of the minds

Question 2

What are the elements of a Quasi-contract?

Answer 2

○ A benefit conferred upon defendant by plaintiff;
○ Appreciation by defendant of such benefit;
○ And retention by defendant of such benefit under such circumstances that it would be inequitable to retain the benefit without payment of the value thereof
○ Does not refer to the intentions or expressions of the parties
○ Does not require promise or privity
○ You would consider the market value of a benefit conferred because there is no written contract