Implied Contracts

Question 1

What is an implied-in-fact contract?

Answer 1

A contract that is inferred from the factual circumstances.

Question 2

What is an implied-in-law contract (ie a quasi-contract)?

Answer 2

A legal fiction created by courts to avoid unjust enrichment.

Question 3

When can a quasi-contract be created?

Answer 3

Only when needed to avoid unjust enrichment. If parties have another remedy available (ie a contract or a different party to sue), then a quasi-contract cannot be created.