BLAW 2301 Lecture Notes - Lecture 11: Quasi-Contract, Estoppel, Uniform Commercial Code
Document Summary
Express - agreement with all the important terms explicitly stated. The vast majority of contracts are express contracts. Laying out the terms for a law mowing service: time, place, cost. Implied - an agreement in which the words and conduct of the parties indicate that they intend an agreement. These remedies and uncommon exceptions to the general rules. The best way to distinguish the two remedies. Promissory estoppel, the defendant made a promise that the plaintiff relied on. Quasi-contract cases, the defendant received a benefit from the plaintiff. Promissory - possible remedy for an injured in a case with no valid contract when the plaintiff can show a promise, reasonable reliance and injustice. Even if there is no contract, plaintiff may use promissory estoppel to enforce the defendant"s promise if he can show that. Defendant made a promise knowing that the plaintiff would likely rely on it. The only way to avoid injustices is to enforce the promise.
