In an actual or express contract all the terms are explicitly stated. In a quasi-contract, the terms are not clearly specified, therefore “…in order to prevent one party from being unjustly enriched at the expense of another, the courts impose contractual obligations on one of the parties as if that party had entered into a contract.” (Kubasek, p.312 )
The court sees this case as lkjaseljkgfLKJa quasi-contract because the plaintiff (Reisenfeld) is not a party to the contract between Network and BSI (the defendants). Network was contracted by BSI to help sell or sublease closed Kmart stores in Ohio. Later, Network entered into a commission agreement with Reisenfeld, a real estate broker for Dick’s Clothing and Sporting Goods (Dicks). …show more content…
The decision by the court seems to follow the ethical guideline of the golden rule because the method of compensation is based on a reasonable value of services provided by Reisenfeld. As the text, explained the “…liability under quasi-contract does not necessarily imply liability for amount of money promised…” (Kubasek, p.27). Instead the court remanded the case for a determination of reasonable value of the services provided. Hence, the court treatment of Reisenfeld’s rights and needs is in direct alignment with the golden rule - treat other in a manner consistent with how you would like to be treated. Another example of an implied-in-fact or quasi-contract
Our text mentioned a case of an emergency visit to the dentist’s office to have an infected tooth extracted before the cost negotiated. This situation meets the three conditions necessary for the courts to find an implied-in-fact contract. First, the dentist provides the services. Second, the dentist is expected to be paid for the service(s), and a reasonable person in the position of the patient would have expected to pay for it. Third, the patient had an opportunity to reject the service but did not. (Kubasek,
The court sees this case as lkjaseljkgfLKJa quasi-contract because the plaintiff (Reisenfeld) is not a party to the contract between Network and BSI (the defendants). Network was contracted by BSI to help sell or sublease closed Kmart stores in Ohio. Later, Network entered into a commission agreement with Reisenfeld, a real estate broker for Dick’s Clothing and Sporting Goods (Dicks). …show more content…
The decision by the court seems to follow the ethical guideline of the golden rule because the method of compensation is based on a reasonable value of services provided by Reisenfeld. As the text, explained the “…liability under quasi-contract does not necessarily imply liability for amount of money promised…” (Kubasek, p.27). Instead the court remanded the case for a determination of reasonable value of the services provided. Hence, the court treatment of Reisenfeld’s rights and needs is in direct alignment with the golden rule - treat other in a manner consistent with how you would like to be treated. Another example of an implied-in-fact or quasi-contract
Our text mentioned a case of an emergency visit to the dentist’s office to have an infected tooth extracted before the cost negotiated. This situation meets the three conditions necessary for the courts to find an implied-in-fact contract. First, the dentist provides the services. Second, the dentist is expected to be paid for the service(s), and a reasonable person in the position of the patient would have expected to pay for it. Third, the patient had an opportunity to reject the service but did not. (Kubasek,