The seminal work was Dean William Keener's 1893 masterpiece, A Treatise on the Law of Quasi-Contracts
, (5) in which the author clinically analysed the deficiencies in the concept of a 'contract implied in law' and advanced in its place a doctrine based upon unjust enrichment.
More so than in questions of good faith, the agreement the court seeks to identify in quasi-contract
cases is only hypothetical.
as well as academics and researchers, the author defines and classifies contracts and the differences between contracts and other legal instruments such as torts and quasi-contracts
This brings up the question of how new labour movements attempt to deal with work-related health problems in an era of quasi-contracts
and benefit slashing.
The rest of the book covers offers and deals, consideration, reasons for not enforcing agreements, terms of the deal, and alternatives to contracts, such as quasi-contracts
They discuss the political and legal system of the Netherlands, the distinctions between public and private law and between civil and commercial law, contract formation, conditions of substantive validity, the contents of a contract, third persons, the end of a contract, and special topics like agency, bailment, gaming and wagering, sale of goods, building contracts, lease, contracts with government and other public administrations, and quasi-contracts
It provides general background on the country, including its geography, culture, political system, population and employment statistics, economy, and social and cultural values, then discusses the definition of a contract, historical background on the law of contracts, their classification, torts, quasi-contracts
, the law of property, trust, good faith and fair dealing, the style of drafting, and sources of law.
The volume's final section offers perspectives on behavioral approaches to contract law, the civil law of contract, and unjust enrichment and quasi-contracts