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    Wisconsin Lawyer
    February 01, 2000

    Wisconsin Lawyer February 2000: Written Contract Alternatives - Figure 2

     

    Wisconsin Lawyer: February 2000

    Vol. 73, No. 2, February 2000

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    Figure 2:
    Distinguishing Claims and Remedies

     

    Implied-in-Fact Contract Unjust Enrichment
    Also known as...  Quantum meruit Implied-in-law contract/ "quasi-contract"
    Jury instructions 3024, 3026 3028
    Essence Implied agreement to pay reasonable compensation for services rendered. Arises from an agreement circumstantially proved.  Absence of agreement. Remedy to prevent inequity of allowing defendant to retain benefit without paying for it.
    Elements 1) Defendant requests services.
    2) Plaintiff complies with request.
    3) Services are valuable to defendant. 
    1) Plaintiff confers benefit.
    2) Defendant appreciates benefit.
    3) Inequitable retention of benefit by defendant.
    Sine qua non Mutual assent. Defendant must receive benefit.
    Damages measure Reasonable value of plaintiff's services. Amount of benefit to defendant.


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