Implied Contract
idea · 2 works · 2 mentions · 2 anchored passages
Implied Contracts · contract implied in law · implied term or warranty · quasi ex contractu
spoken of as
1 expressionQuasi ex contractu“implied contract”1 mention
The Law of Torts (English)
Perhaps it would have been better on principle to hold the duty in these cases to be quasi ex contractu, and evade the barren controversy about “legal fraud.
in the texts
Ancient Law
Contracts whose agreement is symbolized by acts and circumstances rather than words.
It has been usual with English critics to identify the quasi-contracts with implied contracts, but this is an error, for implied contracts are true contracts, which quasi-contracts are not.
It has been shrewdly remarked, that the confusion between Implied Contracts, which are true contracts, and Quasi-Contracts, which are not contracts at all, has much in common with the famous error which attributed political rights and duties to an Original Compact between the governed and the governor.
The Law of Torts
A proposed alternative doctrinal basis treating a false statement of fact as an implied contractual warranty rather than as fraud.
Perhaps it would have been better on principle to hold the duty in these cases to be quasi ex contractu, and evade the barren controversy about “legal fraud.