A contract implied in law, sometimes referred to as a constructive contract or a quasi-contract, is an obligation imposed by law, on the grounds of justice and equity, usually to prevent unjust enrichment. A contract implied in law differs from express contracts and contracts implied in fact because they rest upon the assent of the parties, whereas quasi contracts do not rest upon such assent. It is actually not a contract at all; rather, a contract implied in law is a legal fiction. The fiction was adopted by the courts to provide a remedy where one party was unjustly enriched. Unjust enrichment occurs when a defendant receives some benefit under circumstances that make retention of the benefit unjust without compensation. In an action for a quasi-contract, the remedy is equitable in nature, and is favored by the courts. Accordingly, a plaintiff may recover under a contract implied in law where there is no express or implied in fact contract, but the defendant unjustly received something of value or benefited from the service supplied. Therefore, if a defendant does enrich himself unjustly to the detriment of another, that person should be required to make restitution of all the benefits received, retained, or appropriated. On the other hand, where a direct benefit has not been conferred upon a defendant, a claim of unjust enrichment will fail.

A cause of action for a contract implied by law may have many complex issues. Therefore, you should consult with an experienced West Palm Beach unjust enrichment lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.