What must a plaintiff show to be awarded a quasi-contract in a lawsuit? quizlet

Mia contracted with Greencare Lawn Service for a pest treatment on Mia's lawn for $1,000. Pat lives next door to Mia. Greencare mistakenly treats Pat's lawn instead of Mia's. Pat watched them perform the treatment while looking through the window of his living room, but did not go outside and stop them. When Greencare seeks payment from Pat, Greencare can probably receive:

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Which of the following are required to establish a quasi contract?
What is a quasi contract quizlet?
What factors make an agreement enforceable under the principle of quasi?
What must be present for a contract to be valid quizlet?

A) $1,000 from Pat, because Pat received the full value of the service
B) nothing, because Greencare's contract was with Mia, not Pat
C) from Pat an amount less than the contract amount that will reimburse Greencare for expenses incurred, in order to avoid unjust enrichment
D) $1,000 from Mia, because there was a contract

1. Bilateral and Unilateral Contracts: In a bilateral contract, both parties make a promise. In a unilateral contract, one party makes a promise that the other party can accept only by actually doing something.
2. Executory and Executed contracts: A contract is executory when it has been made, but one or more parties has not yet fulfilled its obligations. A contract is executed when all parties have fulfilled their obligations.
3. Valid, Unenforceable, Voidable, and Void Agreements:
a. Valid contract is one that satisfies all of the law's requirements and is enforceable in court.
b. An unenforceable agreement occurs when the parties intend to form a valid bargain, but a court declares that some rule of law prevents enforcing it.
c. A voidable contract occurs when the law permits one party to terminate the agreement. This happens, for example, when an agreement has been signed under duress, or when the other party has committed fraud.
d. A void agreement is one that neither party can enforce, usually because the purpose of the deal is illegal or because one of the parties had no legal authority to make a contract.

4. Express and Implied contracts: In an express contract, the two parties explicitly state all important terms of their agreement. The vast majority of contracts are express contracts. In an implied contract, the words and conduct of the parties indicate that they intended an agreement.

5. Promissory Estoppel and Quasi-Contracts: sometimes, courts will enforce agreements even if they fail to meet the usual requirement of a contract.

Promissory estoppel is a possible remedy for an injured plaintiff in a case with no valid contract, where the plaintiff can show a promise, reasonable reliance, and injustice.

A plaintiff may use promissory estoppel to enforce the defendant's promise if he can show that:

1. the defendant made a promise knowing that the plaintiff would likely rely on it.
2. the plaintiff did rely on the promise.
3. the only way to avoid injustice is to enforce the promise.

Quasi-contract is a possible remedy for an injured plaintiff in a case with no valid contract, where the plaintiff can show benefit to the defendant, reasonable expectation of payment, and unjust enrichment.

A court may use quasi-contract to compensate a plaintiff who can show that:

1. the plaintiff gave some benefit to the defendant.
2. the plaintiff reasonably expected to be paid for the benefit and the defendant knew this.
3. the defendant would be unjustly enriched if he did not pay.

If the court finds all of these elements present, it will generally award the value of the goods or services that the plaintiff has conferred. The damages awarded are called quantum meruit, meaning that the plaintiff gets as much as he deserves.

Terms in this set (25)

Rebecca, in Honolulu, faxes a job offer to Spike, in Pittsburgh, saying, "We can pay you $55,000 per year, starting June 1." Spike faxes a reply, saying, "Thank you! I accept your generous offer, though I will also need $3,000 in relocation money. See you June 1. Can't wait!" On June 1, Spike arrives and finds that his position is filled by Gus. He sues Rebecca.
Answer
a. Spike wins $55,000.
b. Spike wins $58,000.
c. Spike wins $3,000.
d. Spike wins restitution.
e. Spike wins nothing.

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Which of the following are required to establish a quasi contract?

For a judge to impose a quasi contract, the following conditions must exist: The plaintiff shows that they supplied goods or services to the defendant. The defendant received the goods or services and benefited from them. The defendant did not provide compensation to the plaintiff.

What is a quasi contract quizlet?

What is a quasi contract? Quasi contracts, also called implied by law, are not actual contracts formed by the words or actions of the parties. They do not arise from any agreement, expressed or implied, between parties. They are imposed to avoid unjust enrichment of any party of the expense of another.

What factors make an agreement enforceable under the principle of quasi?

Understanding Quasi Contracts The agreement is imposed by law through a judge as a remedy when Person A owes something to Person B because they come into possession of Person A's property indirectly or by mistake. The contract becomes enforceable if Person B decides to keep the item in question without paying for it.