chapter 9

Implied in fact contract

A contract in which agreement between parties has been inferred from their conduct. 1) The plaintiff provided property or services to the defendant. 2) The Plaintiff expected to be paid by the defendant for the property or services and did not provide the property or services gratuitously. 3) The defendant was given an opportunity to reject the property or services provided by the plaintiff but failed to do so.

Executed contract

A contract that has been fully performed on both sides ; a completed contract.

Quasi contract

An equitable doctrine whereby a court may award monetary damages to a plaintiff for providing work or service to a defendant even though no actual contract existed. The doctrine is intended to prevent unjust enrichment and unjust detriment.

Executory Contract

Contracts that have been fully performed by one side but not by the other. -A contract that has not been performed by both sides.

Unilateral contract

If the offeror's offer can be accepted only by the performance of an act by the offeree. There is not contract until the offeree performs the requested act.

Bilateral contract

If the offeror's promise is answered with the offeree's promise of acceptance. In other words, a bilateral contract is a "PROMISE for a PROMISE". This exchange of promises creates an enforceable contract.