Monday, June 11, 2012
MBE Fast Fact: Quasi-Contract
On a contracts essay, and on the MBE, you should only consider quasi-contract if you've determined after your analysis that no enforceable contract exists. If there is an enforceable contract, then quasi-contract does not apply. If there is no enforceable contract, it's a good idea to consider quasi-contract when one party has conferred a benefit upon another under circumstances where the party who received the benefit would be unjustly enriched if he were allowed to retain the benefit without paying for it. Just as no enforceable contract is required, so is the concept of unjust enrichment. Be sure that both apply before allowing for quasi-contractual relief.