Quasi Contracts

On the one hand it is evident that terms implied at common law can be ‘implied in law’ or ‘implied in fact’. Terms implied as a matter of fact are said to give effect to unexpressed intentions of the

Proprietary estoppel, on the other hand, is a “legal bar preventing a (first) party from denying another (second) party's right in first party's property where the second party has incurred costs in that property to its detriment”. Proprietary estoppel, like other types of estoppel, is not a remedy in itself but a tool to raise “estoppel equity”, on the basis of which the court is able to decide on the type of remedy that this equity will satisfy. Similarly to the need for the element of common intention for the purpose of establishing a constructive trust, there is a need for the establishment of an active or passive assurance on the part of the defendant that leads to some form of consequential detriment on the part of the claimant when acting in reliance on that assurance. Thus, there must be a causal connection between the actions undertaken by the claimant and the initial assurance on the part of the defendant. The extent and the nature of the detriment suffered by the claimant, however, appears to be substantially more flexible than that necessary to find the existence of a constructive trust. For example, in Inwards v Baker [1965], such detriment amounted to the improvement of the defendant’s land, while in Gillett v Holt [2001] it was manifested in both financial and personal detriment. Yet unlike in most cases involving common intention constructive trusts, in neither of

(2) Tamanaha, Brian. 2008. “Law”, Oxford International Encyclopedia of Legal History, St. John's Legal Studies Research Paper No. 08-0095. Link in Course Readings and Available online: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1082436&rec=1&srcabs=1012051

It is argued, that the imposition of this rigid structure would only undermine the settlor’s wishes and result in the courts finding the trust to be administratively unworkable. It has been stated in Re Manisty’s Settlement “that a power cannot be uncertain merely because it is wide in

In this essay, the focus is on whether it is morally objectionable for a person to recover damages from another’s breach of contract that results in a better financial position than they would have been if the breach had not occurred. This is because in deciding whether to preserve the principle in Clark, law-makers would place high regard on the analysis of Clark’s normative outcome. The following points are the key arguments against awarding a sum to a higher pecuniary advantage??? Such as Clark, which can be subsequently rebutted in this analysis with “normative” research.

In this article, Justine Kirby (2000) analyzes the basic law, section 11 of the Contractual Remedies Act 1979, and acknowledged routines for "exchanging" commitments, and after

There are many ideas about the correct basis for contractual obligation. They include promise, consideration, and cause. All jurisdictions follow at least one. In Thomas E. Davitt’s The Elements of Law, the author articulates a very credible argument for the basis for contractual obligation being one of those named above. Davitt simplifies the arguments for all of these and names one correct basis: the promise itself. Generally Thomas E. Davitt, S.J., The Elements of Law, 272 (1959). This paper will argue in favor of Davitt’s writings. The basis for contractual obligation is the promise itself. In order to effectively argue in favor of one basis over the possible others, it is necessary to discuss and rule out the others.

This essay will discuss the Supreme Court decision in FHR European Ventures LLP and others v Cedar Capital Partners LLC (Cedar) . The issue in this case was whether a bribe or secret commission accepted by an agent is held on constructive trust for his principal. This topic is a “relentless and seemingly endless debate” , as Sir Terence Etherton described, and that the “remedy awarded has vacillated for the last 200-odd years” . The major reason for the debate is because the principal will have propriety claim as opposed to a mere equitable compensation, if the bribe or commission is held on a constructive trust . The principal will be in a much more advantageous position if he was held to have propriety

Equity has been described as a ‘mysterious creature’ that lies distinctly alongside the common law. In considering the statement, there is an almost linear reversal in which the remedies in equity procure a type of right not necessarily available in the common law. This peculiar jurisdiction has created consistent controversy especially in regards to the fusion of the common law and equity. To understand further, this essay will consider the relationship between equity and the common law. The development of equity alongside the common law through its history and intention, and application in case law will be imperative in the discussion of the statement. In conjunction with an analysis of fusion, it will become apparent that equitable damages were enlivened, separate to, in unfair circumstances where no rights/damages existed within the common law. In trying to tread the murky waters of the distinction yet the procedural fusion of equity and common law, the contention of this essay becomes apparent. Effectively, this essay aims to highlight that the history, intention, application and fusion fallacies regarding equity, all which point to an assertion that rights in equity are indeed the product of its remedies. Whether they are merely ‘two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters’, is yet to be seen.

As per my understanding from our textbook the term Quasi Contract is defined as contracts implied by law and are not actual contracts.Quasi contracts are not true contracts because they do not arise from any agreement, express or implied between the parties themselves. They are fictional contracts that courts can impose on the parties “as if” the parties have entered into an actual contract (Clarkson/Miller/Cross 2015). Under the given case Crosstown Trucking Co. utilized the property of Allied Equipment, Inc. without going into a covenant and earned cash at the expense of Grant Borman. Therefore, I strongly feel that the court should impose liability on Crosstown under quasi contract due to Crosstown’s actions.

The law of contract in many legal systems requires that parties should act in good faith. English law refuses to impose such a general doctrine of good faith in the field of contract law. However, despite not recognizing the principle, English contract law is still influenced by notions of good faith. As Lord Bingham affirmed, the law has developed numerous piecemeal solutions in response to problems of unfairness. This essay will seek to examine the current and future state of good faith in English contract law.

The doctrine of consideration is one of the most established doctrines within the common law of contract. This essay will discuss the impact of Williams v Roffey Bros & Nicholls (Contractors) Ltd [1989] EWCA Civ 5 on the doctrine of consideration. It will shed light on the rules of consideration, ways to avoid consideration, application of the rules in the specific circumstance of performance of an existing duty in cases. Evidently an alteration to the rules and practices would be displayed. Courts today need to make a distinction between everyday social agreements and legally binding contracts, this is where the doctrine of consideration manifests. This case introduces the practical benefit rule needed for consideration however, this case did not alter set legislation formed from the case Stilk v Myric[1809]. As it was held in the Court of Appeal and not seen or upheld by the House of Lords.

The famous US decision of Riggs v Palmer serves to illustrate a considerable strength in Dworkin’s argument concerning rules and principles. The New York court had to decide a case to determine whether a grandson who poisoned his grandfather to obtain his inheritance was in fact able to collect such an inheritance. At the time, there existed no statute or law that invalidated his claim as a beneficiary due to his involvement in the murder. Furthermore, the applicable legal rule seemed to be that legacies contained in legally valid testamentary dispositions are to be guaranteed by law in accordance with the wishes of the testator. According to Hart, the court should, in this situation, be decided upon pre-existing law. Yet despite this, the court majority found that the grandson could not inherit, instead appealing to moral reasoning by citing the principle that no one should be able to profit from ones crimes. A similar decision based on principle was handed down 70 years later in the case of Henningsen v Bloomfield Motors Inc. As a result of these cases, Dworkin is able

It was this mergence that saw Lord Mansfield becoming known as ‘the founder of commercial law within this country [United Kingdom]’, due to his ability to harmonise ‘commercial custom and the common law ...with an almost complete understanding of the commercial community, and the fundamental principles of the old law and that that marriage of idea proved acceptable to both merchants and lawyers.’ At this stage, the principle of caveat emptor was utilised as a guiding principle for the courts, devised namely in response to the manner in which business at this time was undertaken. This was in response to the manner in which business was conducted, namely in small fairs with small quantities of goods being bought and sold, buyers were afforded the opportunity to inspect the goods and use their own knowledge and skill to determine whether or not to purchase them. As such, it was the buyer’s responsibility to ensure that due diligence was observed at the time of purchase. Failing to inspect the goods resulted in the cost would be lost if the goods purchased were not what was wanted. In this context protection for buyers was to a certain extent non-existent. The only way in which a seller could be held liable was in circumstances where a written warranty was issued or if the case was considered to be one of false affirmation.

Before unilateral contracts come into place, contract law is about a promise for a promise. Cases such as Carlill v Carbonic Smoke Ball Co. have shown how the contract law has adapted to accommodate this form of contract. Judges seek to identify consideration and acceptance in unilateral contracts whilst managing to achieve a balance between protecting reasonable expectation of an honest man and retaining respect for the sanctity of contract.