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What is an Implied-in-Law Contract? A Comprehensive Overview
Definition & Meaning
An implied-in-law contract, also known as a quasi-contract or constructive contract, is not a traditional contract but rather a legal obligation created by law to ensure fairness. This type of contract arises when one party benefits at the expense of another, and it serves to prevent unjust enrichment. In essence, it allows a person to recover benefits they have conferred on another party when a formal agreement does not exist.
Table of content
Legal Use & context
Implied-in-law contracts are commonly used in civil law contexts, particularly in cases involving unjust enrichment. They are often relevant in disputes where one party has received a benefit without a formal agreement, such as in cases of services rendered or goods provided. Users may find legal templates on platforms like US Legal Forms to assist in navigating situations involving implied-in-law contracts.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner hires a contractor to perform repairs. If the contractor completes the work but the homeowner refuses to pay, the contractor may seek compensation through an implied-in-law contract. This allows the contractor to recover the value of the services provided.
Example 2: A person lends money to a friend who promises to pay it back but never does. If the friend benefits from the loan without repaying it, the lender may have a claim under an implied-in-law contract to recover the amount lent. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Recognizes implied-in-law contracts in cases of unjust enrichment with specific statutory guidelines.
New York
Implied-in-law contracts are often applied in cases involving services rendered without a formal agreement.
Texas
Focuses on preventing unjust enrichment, with courts often enforcing implied-in-law contracts in property disputes.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Express Contract
A contract where the terms are stated clearly, either orally or in writing.
Unlike implied-in-law contracts, express contracts involve mutual agreement and intention.
Implied-in-Fact Contract
A contract formed by the actions or conduct of the parties involved.
Implied-in-fact contracts arise from the behavior of the parties, while implied-in-law contracts are imposed by law.
Common misunderstandings
What to do if this term applies to you
If you believe you have a claim related to an implied-in-law contract, consider taking the following steps:
Document any benefits conferred and the circumstances surrounding the situation.
Consult with a legal professional to assess your case and explore your options.
Explore US Legal Forms for templates that may assist you in filing a claim or managing your situation effectively.
In complex cases, professional legal help may be necessary to navigate the specifics of your situation.
Find the legal form that fits your case
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