purely oral, are themselves sufficient to indicate the obligations of each Implied Contract (assumed): is one in which the promises (intentions) of the parties have to be inferred primarily from their conduct and from the circumstances in which it occurred. - Ex. getting a haircut at a barbershop. If price is left out and services have been rendered, we have an implied K- a court will allow a “reasonable value” in it’s place - Asking neighbor to mow the lawn for you while you are away, implied you will pay them the reasonable value Quasi (kind of) Contract: exists only in those exceptional circumstances where a court feels compelled to impose an obligation upon one person regardless of whether he or she had any intention of making a contract… in circumstances where the failure to impose such an obligation would result in one party receiving an “ unjust enrichment ” (a benefit which, on the grounds of fairness alone, he or she ought to pay for) - ***don’t have the necessary elements for a contract so it is a kind of contract, still going to hold these parties - Public policy - Doctor Example: doctor who renders first aid to an unconscious man and later sends a bill for his services - As long as it's reasonable, we don’t want to not uphold it. Because then doctors may not help in that situation because they wouldn’t be paid for it. Carol v. Lee & Deskovick et. al. v. Porzio - Implied contract - He also wanted her to stay home (I work, you make the home)- partnership - Understood that this was the contract even though it wasn’t negotiated Valid, Voidable, and Void Contracts Valid Contract: is one in which all of the required elements are present. As a result, it is enforceable against both parties Voidable Contract: - Basically: One of the parties has the right to withdraw (usually someone in a lower position)
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