TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 8 P24

Gale Encyclopedia of American Law Volume 8 P24 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 218 QUASI IN REM JURISDICTION agreement a court could find consent to suit on the part of the government. A quasi-contract claim by contrast does not allege that an agreement existed only that one should be imposed by the court to avoid an unjust result. Because a quasi-contract claim does not allege any consent on the part of the government it would fail under the doctrine of sovereign IMMUNITY. A quasi contract may afford less recovery than an implied-in-fact contract. A contract implied in fact will construct the whole agreement as the parties intended so the party seeking the creation of an implied contract may be entitled to expected profits as well as the cost of labor and materials. A quasi contract will be created only to the extent necessary to prevent unjust enrichment. As one court has put it contracts implied in law are merely remedies granted by the court to enforce equitable or moral obligations in spite of the lack of assent of the party to be charged Gray v. Rankin 721 F. Supp 115 . Miss. 1989 . The amount of recovery for an implied-in-law contract usually is limited to the cost of labor and materials because it would be unfair to force a person who did not intend to enter into a contract to pay for profits. Quasi contracts are made possible by the doctrine of quantum meruit Latin for as much as is deserved which allows courts to imply a contract where none exists. Quantum meruit includes implied-in-fact contracts as well as quasi contracts. Courts also use the term quantum meruit to describe the process of determining how much money the charging party may recover in an implied contract. FURTHER READINGS Knapp Charles L. and Nathan M. Crystal. 2007. Problems in Contract Law Cases and Materials. 6th ed. New York Aspen Publishers. Skrocki Anthony M. 2006. Contracts in a Nutshell. St. Paul MN Thomson West. Woodward Frederic Campbell. 1987. The Law of Quasi Contracts. Littleton Colo. . Rothman. QUASI IN REM JURISDICTION Quasi in rem jurisdiction .

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