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Quasi-contract
A quasi-contract (or implied-in-law contract or constructive contract) is a fictional Fiction is any creative workA creative work is a manifestation of creative effort including fine artwork (sculpture Sculpture is the branch of the visual arts that operates in three dimensions. It is one of the plastic arts. Durable sculp ... contract A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview; ... recognised by a court. The notion of a quasi-contract can be traced to Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ... and is still a concept used in some modern legal systems. ...
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Law Of Obligations
The law of obligations is one branch of private law Private law is that part of a civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as E ... under the civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ... legal system The contemporary national legal systems are generally based on one of four basic systems A system is a group of interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and infl ... and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specif ...
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Officious Intermeddler
An officious intermeddler is a person who voluntarily, and without request or pre-existing legal duty, interjects him- or herself into the affairs of another, and then seeks remuneration for services or reimbursement. Example: Person "A" leaves for vacation for two weeks during the summer. Person "B" mows "A"s lawn. "B" requests payment for this service. Under common law In law, common law (also known as judicial precedent or judge-made law, or case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority ... doctrine, "B" is not entitled to any payment from "A" beyond whatever "A" cares to give. If B tries to coerce payment, B is an officious intermeddler. An exception to this rule, however, is if a doctor gives medical treatment to an unconscious victim. Although the unconscious person did not ''request'' the doctor's services, a court may deem it reasonable for the doc ...
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Unjust Enrichment
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution The law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its b ..., subject to defences such as change of position Change of position is a defence to a claim in unjust enrichment which operates to reduce a defendant's liability to the extent to which his or her circumstances have changed as a consequence of an enrichment. History The historical core of the l .... Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the ...
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Unjust Enrichment
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution The law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its b ..., subject to defences such as change of position Change of position is a defence to a claim in unjust enrichment which operates to reduce a defendant's liability to the extent to which his or her circumstances have changed as a consequence of an enrichment. History The historical core of the l .... Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the ...
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Contract
A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview; cropped away black border edge.jpg, 300px, ''Hip, Hip, Hurrah!'' (1888) by Peder Severin Krøyer, a painting portraying an .... A contract is legally enforceable when it meets the requirements of applicable law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundari .... A contract typically involves the exchange of goods In economics Economics () is the social science that studies how people interact with value; in particular, the Production (economics), production, distribution (economics), distribution, and Consumption (economics), c ...
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Contract Law
A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview; cropped away black border edge.jpg, 300px, ''Hip, Hip, Hurrah!'' (1888) by Peder Severin Krøyer, a painting portraying an .... A contract is legally enforceable when it meets the requirements of applicable law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundari .... A contract typically involves the exchange of goods In economics Economics () is the social science that studies how people interact with value; in particular, the Production (economics), production, distribution (economics), distribution, and Consumption (economics), c ...
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Form Of Action
The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law. Depending on the court, a plaintiff would purchase a writ in Chancery (medieval office), Chancery (or file a bill) which would set in motion a series of events eventually leading to a trial in one of the medieval common law courts. Each writ entailed a different set of procedures and remedies which together amounted to the "form of action". The forms of action were abolished during the 19th century, but they have left an indelible mark on the law. In the early Middle Ages, the focus was on the procedure that was employed to bring one's claim to the royal courts of Court of King's Bench (England), King's Bench or Court of Common Pleas (England), Common Pleas: it was the ''form'' of one's action, not its substance, which occupied legal discussion. This restrictive approach is one of the reasons which attracted litigants to petition the King direc ...
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Contract
A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview; cropped away black border edge.jpg, 300px, ''Hip, Hip, Hurrah!'' (1888) by Peder Severin Krøyer, a painting portraying an .... A contract is legally enforceable when it meets the requirements of applicable law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundari .... A contract typically involves the exchange of goods In economics Economics () is the social science that studies how people interact with value; in particular, the Production (economics), production, distribution (economics), distribution, and Consumption (economics), c ...
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Negotiorum Gestio
''Negotiorum gestio'' (, Latin for "management of business") is a form of spontaneous voluntary agency (law), agency in which an intervenor or intermeddler, the ''gestor'', acts on behalf and for the benefit of a principal (commercial law), principal (''dominus negotii''), but without the latter's prior consent. The gestor is only entitled to reimbursement for expenses and not to remuneration, the underlying principle being that ''negotiorum gestio'' is intended as an act of generosity and friendship and not to allow the gestor to profit from his intermeddling. This form of intervention is classified as a quasi-contract and found in civil law (legal system), civil-law jurisdictions and in mixed legal system, mixed systems (e.g. Law of Louisiana, Louisiana, Scots law, Scots, South African law, South African, and Philippine laws). For example, while you are traveling abroad, a typhoon hits your home town and the roofing of your house is in danger. To avoid the catastrophic situation, y ...
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Legal Fiction
A legal fiction is a fact A fact is something that is true True most commonly refers to truth Truth is the property of being in accord with fact or reality.Merriam-Webster's Online Dictionarytruth 2005 In everyday language, truth is typically ascribed to things ... assumed or created by court A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''Sta ...s, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. ''Black's Law Dictionary'' is the most-us ... jurisdictions, particularly in England. Dev ...
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Goff & Jones
''Goff and Jones on the Law of Unjust Enrichment'' (formerly ''Goff and Jones on the Law of Restitution'', usually simply abbreviated to ''Goff & Jones'') is the leading authoritative English law textbook on restitution and unjust enrichment (). First written by Robert Goff, Baron Goff of Chieveley, Robert Goff and Gareth Jones (lawyer), Gareth Jones, it is presently in its ninth edition. It is published by Sweet & Maxwell and forms part of the Common Law Library. As a textbook it is somewhat remarkable in that although the first edition was published in 1966, it was not until 1991 (25 years later) that the Judicial functions of the House of Lords, House of Lords formally recognised unjust enrichment as a separate branch of jurisprudence. It is notable that a number of the key decisions in the field have been handed down by Robert Goff, Baron Goff of Chieveley, Lord Goff, and often reflect the analysis which has previously expressed academically in ''Goff & Jones''. For example ...
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Restitution In English Law
The English law of Restitution is the law of gain-based recovery. Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a ''gain'' acquired by another, rather than compensation for a ''loss''. Framework Many academic commentators have sought to impose structure upon the law of restitution by searching for a common rationale and constructing taxonomies of the various types of claim. Whether such frameworks can account for the diverse range of restitutionary claims remains a controversial question. The implications of such frameworks for the relationship between law and Equity (law), Equity has often been a significant flashpoint in academic and judicial debate. As the law currently stands, the law of restitution can be usefully divided into (at least) three broad categories: * Restitution for unjust enrichment * ...
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