quasi-contract claim is "restitutionary in nature" and
and concreteness required for New York quasi-contract claim); Reeves v.
and more rigorously still in quasi-contract actions.").
At face value, revenues derived through promissory estoppel, culpa in contrahendo, and quasi-contract
fall outside the ED's enforceable-contract scope.
KEENER, A TREATISE ON THE LAW OF QUASI-CONTRACTS
(1893); FREDERIC CAMPBELL WOODWARD, THE LAW OF QUASI-CONTRACTS
(35) S J Stoljar, The Law of Quasi-Contract (Law Book, 1964).
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.
Its well-criticised confusion between a contract implied in law and an obligation implied in (or, rather, imposed by operation of) law is all the more surprising given Viscount Haldane LC's quotation of Professor James Ames' observations as to 'the essentially equitable quasi-contracts growing out of the principle of unjust enrichment.' (10)
(5) William A Keener, A Treatise on the Law of Quasi-Contracts (Baker, Voorhis and Co, 1893).
(27.) More so than in questions of good faith, the agreement the court seeks to identify in quasi-contract
cases is only hypothetical.
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
. De Geest teaches law at Washington University in St.