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Implied in Law Contract
Implied in Law Contract Cartoons

Implied in Law Contract

Vertex, Inc. v. City of Waterbury; unjust enrichment requires (1) that the defendants were benefited, (2) that the defendants unjustly did not pay the plaintiffs for the benefits, and (3) that the failure of payment was to the plaintiffs' detriment.
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Related Cartoons

Perfected Status
Perfected Status
In re Wild West World, L.L.C., Debtor; bankrupcty; notice to creditors; claimed security interest requires timely filing in order to obtain perfected status.
Fraudulent Conveyance
Fraudulent Conveyance
James H. Rice Co. v. McJohn; A fraudulent transfer of propoerty to avoid debt will be set aside; fraudulent conveyance of asset is null and void; levy.
Premises Liability
Premises Liability
Flippo v. Mode O'Day Frock Shops of Hollywood; implied warranty of merchantability; defect that attaches itself to product is not product defect or breach of warranty.
Prevention Doctrine
Prevention Doctrine
Berry v. Time Insurance Co.; implied covenant of good faith and fair dealing; duty of good faith; duty to prevent injury.
Mutual Mistake
Mutual Mistake
Tracy v. Morell; even when there is no fraud, there may be mutual mistake; where both parties share a common false assumption about a vital fact upon which their bargain is based, the transaction may be avoided.
Right to Walk Away
Right to Walk Away
United Rentals, Inc. v. RAM Holdings, Inc.; When the examination of extrinsic evidence does not lead to an obvious, objectively reasonable conclusion, the court may apply the forthright negotiator principle.
Liquidated Damages in Consumer Contracts
Liquidated Damages in Consumer Contracts
Cellphone Termination Fee Cases; Liquidated damages provisions in consumer contracts are presumed void, and the burden is on the proponent of such clauses to rebut that presumption.
Stale Debt
Stale Debt
First Hawaiian Bank v. Jack Zukerhorn; A new promise by the debtor to pay his debt, whether or not then barred by the applicable statute of limitations, binds the debtor for a new limitations period.
Damages for Tortious Interference with Contract
Damages for Tortious Interference with Contract
Rite Aid Corp. v. Lake Shore Investors; damages for tortious contractual interference may include pecuniary loss of the benefits of the contract; consequential losses; emotional distress and actual harm to reputation, and punitive damages.
Induce Detrimental Reliance
Induce Detrimental Reliance
Drennan v. Star Paving Co.; A promise the promisor should reasonably expect to induce action or forbearance of a definite and substantial character and that does is binding if neccessary to avoid injustice.
Requirement Contracts Consideration
Requirement Contracts Consideration
Structural Polymer Group, Ltd. v. Zoltek Corp.; the implied obligation of good faith in requirements contracts is enough to avoid finding a contract null and void due to an illusory promise.
Extrinsic Evidence to Show Context
Extrinsic Evidence to Show Context
Sanders v. FedEx Ground Package System, Inc.; The implied covenant of good faith and fair dealing protects the reasonable expectations of the parties to a contract arising from its terms, and may be shown by extrinsic evidence.