Contract implied in law - sustany/dvg GitHub Wiki

A contract implied in law, also known as a quasi-contract or a constructive contract, is an obligation created by law for the sake of justice or to avoid�unjust enrichment.�A contract implied in law operates as a valid contract for purposes of�remedy�only; the general rules of�contract�do not apply to contracts implied in law.�

Notably, a court cannot find a contract implied in law if there already exists a contract, either express or implied, covering the same subject matter.�

As established in Bailey v. West, a constructive contract may occur if:

• There exists a benefit conferred upon�defendant�by�plaintiff,
• Appreciation by defendant of such benefit,
• Acceptance 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.

In contrast to a contract implied in law is a contract implied in fact, where the parties do intend to create a contract through non-written or non-verbal means.�