Section 29.15 Implied-In-Law Contracts (Quasi-Contracts)
Library | Family Law Deskbook and 2014 Supp |
D. (§29.15) Implied-In-Law Contracts (Quasi-Contracts)
Claims for unjust enrichment are based on implied-in-law contracts. Dailing v. Hall, 1 S.W.3d 490, 492 (Mo. App. S.D. 1999). “Unlike a contract implied in fact, a contract implied in law is imposed, or created, without regard to the promise of the party to be bound.” Green Quarries, Inc. v. Raasch, 676 S.W.2d 261, 264 (Mo. App. W.D. 1984). “A contract implied in law is not actually a contract and, instead, is an obligation to do justice where no promise was ever made or intended.” Karpierz v. Easley, 68 S.W.3d 565, 573 (Mo. App. W.D. 2002). A noncontractual obligation is imposed to prevent unjust enrichment. Id.
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- Section 29.1 Scope of Chapter
- Section 29.2 Related But Excluded Matters
- Section 29.3 Traditional Views
- Section 29.4 Marvin v. Marvin
- Section 29.5 Hewitt v. Hewitt
- Section 29.6 In General
- Section 29.7 Express Written Contracts
- Section 29.8 Express Oral Contracts
- Section 29.9 Implied-In-Fact Contracts
- Section 29.10 Real Property Interests
- Section 29.11 Dividing Real Property
- Section 29.12 Contribution
- Section 29.13 Rebuttable Presumption of Equal Shares
- Section 29.14 A Formula Approach
- Section 29.15 Implied-In-Law Contracts (Quasi-Contracts)
- Section 29.16 Constructive Trusts
- Section 29.17 Resulting Trusts
- Section 29.18 Quantum Meruit
- Section 29.19 Support and Maintenance— Marvin Revisited
- Section 29.20 Loss of Consortium
- Section 29.21 Loss of Solatium
- Section 29.22 Implied Partnership or Joint Venture
- Section 29.23 Observations and Comments
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