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Topic: Implied in law contract

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	Contract Law, Part 1: Introduction and Origins (Site not responding. Last check: 2007-10-25)
		Contract law, like so much of English-origin law, is sometimes described in lengthy legalese diatribe, from which it is no easy task to excise a short, succinct and plain-language description.
		Contract law is based on several Latin legal principles, the most important of which is consensus ad idem, which means a meeting of the minds between the parties or, in other words, a clear understanding, offering and acceptance of each person's contribution.
		Contract law is said to be a part of "private law" because it does not involve or bind the state or persons that are not parties to the contract.
	www.duhaime.org /contract (1606 words)

	WRENCH LLC. v. TACO BELL CORP., 256 F.3d 446 (6th Cir. 2001)
		Thus, the state law right is not abridged by an act which in and of itself would infringe one of the exclusive rights granted by § 106, since the right to be paid for the use of the work is not one of those rights.
		Adverting first to contract rights, an author's right to royalties under a publication contract may be conditioned upon the publisher's acts of reproduction and distribution of copies of the work, but there is also another crucial act that stands as a condition to the publisher's liability: the publisher's promise to pay the stated royalty.
		An action in quasi contract is not a true contract since "'quasi contracts, unlike true contracts, are not based upon the apparent intention of the parties to undertake the performances in question, nor are they promises.
	www.law.cornell.edu /copyright/cases/wrench.htm (6372 words)

	North Carolina Appellate Court Cases - Opinions of Court Case Law from NC - North Carolina Court - unoffical reports - ...
		In contrast, an implied in law contract "is not the product of an agreement between the parties but is imposed by law to prevent unjust enrichment of a defendant when he should not be permitted to retain a benefit that he has received from plaintiff." Id.
		Under a contract implied in law theory, "the measure of recovery is quantum meruit, the reasonable value of materials and services rendered by the plaintiff that are 'accepted and appropriated by defendant.'" Id.
		For an implied in law contract, the issue presented is whether a State consents to be sued when it knowingly and voluntarily accepts services of another and is unjustly enriched by these services under circumstances in which the other entity has a reasonable expectation of payment.
	www.romingerlegal.com /northcarolina/HTML/960577-1.htm (3024 words)

	LECTURE 12
		The law of contracts is that part of the law dealing with the creation, transfer, or disposition of property rights through promises.
		The law may view this as though the person is not a party to the illegal contract.
		The purpose of a remedy for breach of contract is to put the innocent party in the same position they would have been in had the contract been fully performed.
	members.tripod.com /gteck/coyner/chap08a.htm (434 words)

	Contract - Wikipedia, the free encyclopedia
		The law of obligations has traditionally been divided into contractual obligations, which are voluntarily undertaken and owed to a specific person or persons, and obligations in tort which are based on the wrongful infliction of harm to certain protected interests, primarily imposed by the law, and typically owed to a wider class of persons.
		A contract which is implied in law is also called a quasi-contract, because it is not in fact a contract; rather, it is a means for the courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other.
		In England and Wales, a contract may be enforced by use of a claim, or in urgent cases by applying for an interim injunction to prevent a breach.
	en.wikipedia.org /wiki/Contract_law (4342 words)

	Mark Litwak's Entertainment Law Resources - Articles - General - Protecting Your Stories
		What copyright law protects is the “expression of the author.” This is the particular manner in which the writer tells the story, his approach to the material, his voice.
		An implied contract is a contract implied from conduct.
		Sometimes implied contracts are not based on behavior but are implied by law for reasons of equity and fairness, and to prevent the unjust enrichment of one party at the expense of another.
	www.marklitwak.com /articles/general/protecting_stories.html (2383 words)

	JURY INSTRUCTIONS NO. 10. - 10.58
		A contract of employment is a contract by which one person, called the employer, engages another person, called the employee, to do something for the benefit of the employer or a third person for which the employee receives compensation.
		Damages for breach of the employment contract are the amount of compensation agreed upon for the period determined to be a reasonable period that plaintiff's employment would have continued but for the breach of the employment contract less any compensation actually earned by the employee during that period.
		Damages for breach of the employment contract are the amount of compensation agreed upon from the date of breach to the date on which the contract was to have terminated.
	www.netlawlibraries.com /jurinst/ji_010.html (2047 words)

	Watts II (Site not responding. Last check: 2007-10-25)
		On the first issue, the jury found that there was an implied contract between Watts and Bischoff to share an increase of wealth, but awarded her "zero" damages.
		The verdict submitted to the jury by the trial court was not sufficiently precise; it permitted the jury to stray from the implied-contract issue as that issue was perceived by both the trial court and counsel.
		The law provides that a person who has been damaged by a breach of contract shall be fairly and reasonably compensated for his or her loss.
	www.law.onu.edu /courses/contracts/WattsII.html (2633 words)

	Contracts Law
		Contracts are, in a sense, private law created by the agreement of the parties.
		State law requirements vary from state to state, but in most states, a contract for the sale of goods for $500 or more must be in writing.
		The duties and obligations section of a contract is a detailed description of the duties and obligations of the parties and the deadlines for performance.
	library.findlaw.com /1999/Jan/1/241463.html (3063 words)

	[No title]
		"A contract is a promise, or set of promises for breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty." (Restatement, 2D) B. Formal.
		A vague contract can't be enforced by the courts.
		Specified in the contract that the contract shall not be modified by repeated breaches or waivers.
	www.mc.maricopa.edu /~eddwelsh/files/handouts/ContractsOutline.doc (3674 words)

	contract - Definitions from Dictionary.com (via CobWeb/3.1 planetlab2.cs.umd.edu) (Site not responding. Last check: 2007-10-25)
		Condense implies increasing the compactness, or thickening the consistency of a homogeneous mass: to condense milk.
		In Louisiana, a valid contract requires the consent of the parties and a cause for the contract in addition to capacity and a lawful object.
		Contracts under seal have a substantially longer statute of limitations than contracts based on consideration.
	dictionary.reference.com.cob-web.org:8888 /search?q=contract (1902 words)

	[No title] (Site not responding. Last check: 2007-10-25)
		Implied in Law Contract- no express words or conduct to support the contract, but recovery is still possible.
		Generally, the remedy at law is inadequate if it is not as complete, practical, and efficient as the injunction.
		In the case of an employment contract, once the injured employee takes another job, the damages are almost always mitigated by amount of their new salary.
	www.duke.edu /~mvn2/gillis/Contracts/Notes.doc (724 words)

	Contract to Make Will - Contract Implied in Law - Contract Implied in Fact
		Petitioner filed a claim alleging that she was contractually entitled to the bequest.
		The Court of Appeals next addressed petitioner’s argument that she had a right to the enforcement of the agreement under the common law theories of contract implied in law and contract implied in fact.
		The Court of Appeals believed that the Legislature left open the possibility that recovery may be sought under a contract implied in law or quantum merit theory.
	courts.co.calhoun.mi.us /ca110599.htm (599 words)

	Quasi Contract Business Law Terminology (Site not responding. Last check: 2007-10-25)
		A quasi contract is an obligation that is imposed by the courts to avoid injustice or unjust enrichment.
		A special form of contract that lacks mutual assent of the parties but which is imposed on the parties by the courts to avoid injustice.
		A quasi contract is not really a contract at all in the normal meaning of a contract.
	facstaff.gallaudet.edu /marshall.wick/bus447/quasi.html (197 words)

	Contract Law Division-Recent Decisions
		Court concluded that contract was clearly an ID/IQ contract and that the exercise of options, in which the option did not contain a minimum quantity, did not convert the contract into a requirements contract.
		In an opinion by Judge Plager, the Court affirms the determination of the COFC that a Navy RandD fixed-price contract awarded to ATandT was void as contrary to statute and not subject to reformation.
		The Court, however, reversed the conclusion of the trial court "that the consequence of its determinations was to leave the parties with an implied-in-fact contract, with compensation to be awarded on a quantum meruit basis." The CAFC held "The concept of implied-in-fact contract is not for the purpose of salvaging an otherwise invalid contract.
	www.ogc.doc.gov /ogc/contracts/cld/cafc.html (5829 words)

	Implied-in-fact Contract (Site not responding. Last check: 2007-10-25)
		A contract where the agreement of the parties is indicated by their conduct.
		A contract in which the performance of the parties infers agreement.
		This is generally just referred to as an implied contract.
	facstaff.gallaudet.edu /marshall.wick/bus447/implied_contract.html (114 words)

	bp_cheeseman_blaw_5\|Nature of Traditional and E-Commerce Con\|Multiple Choice
		The ____________ theory of contracts holds that the intent to contract is judged by the reasonable person standard, and not by the subjective intent of the parties
		A contract in which there is some legal defense to its enforcement is called a/n _______________ contract.
		A contract to commit a crime is an example of a/n ____________ contract.
	wps.prenhall.com /bp_cheeseman_blaw_5/0,,586306-,00.utf8.html (256 words)

	Contracts, Prof
		They say that under certain circumstances, it is necessary to find an implied (in law) contract to prevent unjust enrichment.
		Mettille: This is a whole different style of case which is very important in employment and contract law.
		The first, which is a powerful notion in employment law, is that this is an at-will relationship.
	www.nvo.com /mikelaw/nss-folder/contracts/contractsApr04.htm (2052 words)

	Quasi-contract (Site not responding. Last check: 2007-10-25)
		A quasi-contract, also an implied in law contract, is a legal substitute for a contract.
		A quasi-contract is a contract that should have been formed, even though in actuality it was not.
		It is used when a court wishes to create an obligation upon a non-contracting party to avoid injustice.
	www.guajara.com /wiki/en/wikipedia/q/qu/quasi_contract.html (201 words)

	What is A Contract or Agreement? (Site not responding. Last check: 2007-10-25)
		You must consult legal counsel to determine whether a particular document or oral agreement is in fact a contract in your particular jurisdiction.
		: a contract that is not negotiated by the parties and that is usu.
		The, research is compiled from the myriad of sources to help you complete the activity with the least tax cost, while maintaining compliance the tax laws, other laws and regulations and place yourself in a position to protect your objectives.
	www.pro1040.com /what_is_a_contract_or_agreement.htm (2471 words)

	Terra Community College - Wiley Snail Memo 10.1
		Evans is asking the court to find that he has an implied in law contract right to the money because it would be unjust for Dean to keep all the money after Evans worked the land and paid all of the expenses necessary to grow the crops.
		As a general rule, implied in law contractual rights and liabilities based on a theory of unjust enrichment are based upon the theory that the person who received the benefit, which it is unfair for him to retain, ought to pay the value of the benefit to the other party who created the benefit.
		My understanding of the law is that growing crops are part of the land, and whether tenant or trespasser, an occupant's title to grown crops is dependent upon possession of the land.
	www.terra.edu /academics/distance/law242/wsm10_1.asp (707 words)

	Legal Breach Of Employment Contract - Mesriani Law (Site not responding. Last check: 2007-10-25)
		A written contract is significant in ensuring that the two parties are both perform all expected tasks.
		An oral contract is a contract that terms of which have been agreed by spoken communication, in contrast to a written contract, where the contract is a written document.
		There may be written or other physical evidence, of an oral contract, for example where the parties write down what they have agreed, but the contract itself is not a written one.
	www.mesrianilaw.com /Legal-Breach-Of-Employment-Contract.html (327 words)

	3-40 (Site not responding. Last check: 2007-10-25)
		To find unjust enrichment, you must find that the plaintiff has provided [insert goods/services], that the defendant has benefitted from those [insert goods/ services], that the defendant unjustly did not pay for that benefit, and that the defendant's failure to pay hurt the plaintiff.
		If you find that there was a contract for the plaintiff to provide [insert goods/ services], you may not find that the defendant was unjustly enriched.
		For a discussion of instructions for cases in which the plaintiff has plead contract and unjust enrichment claims in the alternative, see Meaney v.
	www.jud.state.ct.us /civiljury/3-40.htm (222 words)

	EXAM 2 REVIEW – CH 7-10&13 – BUS LAW (Site not responding. Last check: 2007-10-25)
		must perform the part of their original contract that is executory.
		Chris, a minor, signs a contract to purchase alcoholic beverages for Dine and Drink, his parents’ restaurant.
		enforce the contract only if she is not going to participate in the crime.
	www.cabrillo.edu /~mhassan/bus18exam2review-7thed.htm (1284 words)

	Quasi-contract (Site not responding. Last check: 2007-10-25)
		A quasi-contract is a contract that should have been formed even though in it was not.
		Joint obligations: A treatise on joint and joint and several liability in contract, quasi-contract and trusts in England, Ireland, and the common-law dominions
		Quasi-markets and Contracts: A Markets and Hierarchies Perspective on NHS Reform (Studies in Decentralisation and Quasi-markets)
	www.freeglossary.com /Quasi-contract (232 words)

	MLMSurvivor.com
		As a direct result of Defendants' breach of this contract, Plaintiff has incurred damages, including but not limited to, lost profits from tools and functions, which damages substantially exceed the minimum jurisdictional amount for matters to be brought before this Court.
		In contracting and dealing with the Plaintiff in respect to the implied-in-fact and/or implied-in-law contract concerning the tool business, Defendants owed the Plaintiff a duty of good faith and fair dealing in both the performance and enforcement of the contract.
		In contracting and dealing with the Plaintiff in respect to the implied-in-fact and/or implied-in-law contract concerning the major function business, Defendants owed the Plaintiff a duty of good faith and fair dealing in both the performance and enforcement of the contract.
	www.mlmsurvivor.com /hartsuit1e.htm (3587 words)

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	caselaw.lp.findlaw.com /scripts/getcase.pl?court=nc&... (224 words)

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