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Foundational Principles of Contract Law$
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Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2021

Implied-in-Law and Implied-in-Fact Contracts

Implied-in-Law and Implied-in-Fact Contracts

(p.493) Thirty-Five Implied-in-Law and Implied-in-Fact Contracts
Foundational Principles of Contract Law

Melvin A. Eisenberg

Oxford University Press

This chapter concerns implied-in-fact and implied-in-law contracts. Most contracts are explicitly agreed upon. However, some contracts are implied in fact rather than explicit. An implied-in-fact contract is a true contract. It differs from a run-of-the-mill contract only in that the parties’ assent, although real, is not explicit. Another category of legal obligation is an implied-in-law contract, sometimes referred to a quasi-contract. Implied-in-law contracts are not contracts; rather, they are obligations that are based on unjust enrichment. They are referred to as contracts for purely historical reasons.

Keywords:   implied-in-fact contracts, implied-in-law contracts, quasi-contracts, unjust enrichment, legal obligation

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