LEB 323 Study Guide - Midterm Guide: Quantum Meruit, Contract
16 Nov 2017
School
Department
Course
Professor
Document Summary
Express, implied, and quasi-contracts: express intentions of parties are stated fully and in explicit terms either orally or in writing, frequently in writing and very lengthy, ex. Typical real estate lease and construction contract: does not have to be in writing, ex. B (cid:862)i (cid:449)ill sell you (cid:373)y used (cid:272)ar for (cid:1009)0. (cid:863) a (cid:862)i a(cid:272)(cid:272)ept. (cid:863) Express contract has been formed: implied promises (intentions) of parties that must be inferred primarily from conduct and from circumstances in which it occurred, ex. It can be inferred that a person getting a haircut at a barbershop actually wants the service and is willing to pay for it. The individual never promised to pay for the services. Courts will pretend that a contract was formed and impose a quasi-contract obligation on the person that received the medical service: quantum meruit (cid:862)as (cid:373)u(cid:272)h as deser(cid:448)ed(cid:863) A plants and cultivates crops on land belonging to b, (cid:449)ithout b"s k(cid:374)o(cid:449)ledge.
