Because, as Ropolo sees it, neither party contests that there was a valid contract in existence, and because ABC materially breached the agreement when it stopped working on the project, ABC is precluded from recovering under a
quasi-contract theory, Flaherty wrote.
Rather than seeking foreclosure on the secured properties, however, the Plaintiffs the bank and its loan insurer, ACA Financial Guaranty Corporation filed this suit seeking damages under various contract,
quasi-contract, and tort theories.
The old regulation knew four sources of obligations, namely: the contract, the
quasi-contract (business management and payment of the undue work), the offence and the quasi-offence, the obligational relationships arising from the latter two, being relations of civil liability for damage, to which the same principles were applied.
Thus, rather than describing some subclass of contracts, the law of
quasi-contract is a largely discarded title for the law of unjust enrichment, which is concerned with explaining when and why people have obligations to pay for benefits in cash, goods, or services that have been bestowed upon them, outside of their contractual obligations, but not as gifts.
breach of confidence and
quasi-contract. (138) A "novelty"
jurisdictions through promissory estoppel or the
quasi-contract arm of quantum meruit.
(1) Very roughly speaking, tort law deals with the breach of obligations imposed by law, contract law with the creation and breach of voluntary obligations, and property law with the rights and duties that relate to "things." To this threefold classification, courts and scholars have added two more hybrid categories:
quasi-contract and quasi-tort.
The first Restatement of the Law of Restitution, (7) and Palmer's four-volume treatise, (8) each give substantial weight to the historic division between law and equity and to the historic scope of
quasi-contract.
Quasi-contract, the nineteenth-century name for the common law's response to cases of what we would now call unjust enrichment, was rooted in fictional pleadings and the forms of action.
(15) Lord Wright endorsed 'a third category of the common law which has been called
quasi-contract or restitution', (16) highlighted its fundamental place in a civilised legal system, (17) emphasised its separateness from contract and tort, (18) and cemented its rationale as the avoidance of unjust enrichment.
In his 18 years on the faculty at Fordham, Judge Loughran wrote textbooks and law review articles--usual grist for the law school mill--and taught a broad array of courses, including agency, carriers, contracts, criminal law, evidence, New York practice, pleading,
quasi-contract, sales, suretyship, and torts.
By statute, this prohibition also extends to equitable and
quasi-contract claims.
The claims before the district court, in contrast, are common law contract and
quasi-contract claims for non-payment of goods.