Ch5.PartI.ExceptionstoConsideration.ppt - CH 5 \u2013 EXCEPTIONS TO CONSIDERATION Express Traditional offer\/acceptance\/consideration Implied-in-fact = real

Ch5.PartI.ExceptionstoConsideration.ppt - CH 5 u2013...

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CH. 5 – EXCEPTIONS TO CONSIDERATION THREE CLASSES OF CONTRACTS Express Traditional offer/acceptance/consideration Implied-in-fact = real contract Lack of sufficient clarity as to express promise Agreement manifested by conduct or inferred from circumstances/facts. Did party receiving property or service request it? Implied-in-law ("quasi-contract") ≠ true contract Legal fiction - imposed by court to avoid injustice Lacks “meeting of the minds” – no mutual assent Issues of unjust enrichment/restitution
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LIABILITY FOR BENEFITS RECEIVED PROMISSORY RESTITUTION Subsequent promise to pay or compensate after benefit received RESTITUTION (NON-PROMISSORY) No express promise to pay or compensate before benefit received Is party unjustly enriched by retaining benefit? Restitution for benefit received and retained?
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LIABILITY FOR BENEFITS RECEIVED PROMISSORY RESTITUTION Subsequent Promise to Pay or Compensate after Benefit Received
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  • Fall '06
  • Daicoff
  • Law

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