Can a quasi contract be used as a remedy when there is an actual, enforceable contract that covers the matter in controversy?
Explanation
Quasi contract is an equitable remedy of last resort, applied by courts to prevent unjust enrichment when no actual contract exists. If a valid, enforceable contract already governs the dispute, the parties must seek their remedies based on that contract, not through the fictional device of a quasi contract.
Other questions
According to the objective theory of contracts, how is a party's intention to enter into a contract judged?
Which of the following is NOT one of the four basic requirements that must be met for a valid contract to exist?
What is the primary distinction between a bilateral contract and a unilateral contract?
A contract that has been fully performed on both sides is known as what type of contract?
What type of contract is defined as being implied from the conduct of the parties rather than their words?
What is a voidable contract?
Under what principle may a court impose a quasi contract on parties?
In the case of Gary Porter Construction v. Fox Construction, Inc., Porter argued that Fox owed additional compensation for work under the Excluded Sections based on what type of contract?
What is the Plain Meaning Rule as it applies to contract interpretation?
In the case of Ardito v. City of Providence, what did the court classify the city's October 15 letter to police academy applicants as?
Which of the following describes a formal contract?
What is the legal status of an agreement that is missing one of the four essential elements of a contract?
A contract in which the terms are fully and explicitly stated in words, either oral or written, is known as what?
If a contract is considered 'void,' what are the legal obligations of the parties?
Which of the following is NOT a necessary condition for a court to hold that an implied-in-fact contract was formed?
In the case of Wagner v. Columbia Pictures Industries, Inc., the court refused to admit Wagner's extrinsic evidence regarding the 'Love Song' contract because of what rule?
What is the primary function of contract law in the business environment?
An unenforceable contract is best described as:
In the context of contract interpretation, if a court finds a need to determine the parties' intentions from the contract's terms, which wording is typically given greater weight?
What type of contract arises when one party has fully performed but the other party has not?
According to the case of Gary Porter Construction v. Fox Construction, Inc., what was the remaining balance Fox owed Porter for the work performed?
What is the primary source of law that governs contracts for the sale and lease of goods?
In the Wagner v. Columbia Pictures case, the dispute centered on whether the Wagners were entitled to what percentage of the net profits from the 'Charlie's Angels' films?
A fictional contract created by a court to prevent one party from being unjustly enriched at the expense of another is called a:
If a party has conferred a benefit on someone else unnecessarily or as a result of misconduct or negligence, can that party typically recover in quasi contract?
When a party recovers in quantum meruit, what are they recovering?
Which of the following would be an example of an informal contract?
What are the two defenses to the enforceability of an otherwise valid contract discussed in the chapter?
In the case Ardito v. City of Providence, why did the court consider the city's October 15 letter a 'conditional offer of employment' and not just a notice?
A problem arises in unilateral contracts when the promisor attempts to revoke the offer after the promisee has begun performance. What is the present-day view on this issue?
If a contract's terms are clear according to the Plain Meaning Rule, when might a court allow extrinsic evidence?
What type of party is the offeror in a contract?
When one party to a contract has completed performance but the other has not, how is the contract classified?
Which of the following scenarios best exemplifies a unilateral contract?
If a contract is missing the element of legality, what is its status?
When a court uses the theory of quasi contract to grant relief, what does it aim to prevent?
In the case of Gary Porter Construction v. Fox Construction, Inc., what was the key reason the court ruled in favor of Porter's implied-in-fact contract claim?
A contract for which of the following subject matters would typically be governed by the common law of contracts, rather than the UCC?
What does it mean if a contract is 'executed on one side and executory on the other'?
If a party receives a benefit from another by mistake, such as a car wash mistakenly providing a hand wax, has the recipient been unjustly enriched according to the chapter's example?
When a court is interpreting an ambiguous written contract, which of the following rules applies?
What is the key difference between an express contract and an informal contract?
Which of the following would render a contract void, rather than voidable or unenforceable?
If a court determines that a contract's written terms are ambiguous, which rule from the chapter would be most relevant for resolving the ambiguity?
In the case Ardito v. City of Providence, what action by the applicants constituted their acceptance of the city's unilateral contract offer?
What is the legal definition of a 'promise' as described in the chapter?
What is the term for a valid contract that is rendered unenforceable by a statute or law, for example, because it is not in writing?
In the case of Gary Porter Construction, the subcontract was for an initial amount of how much?
If a contract is a mix of express terms and implied-in-fact terms, is it still considered a valid contract?