Cases in quasi contract : selected from decisions of English and American courts

Front matter

Cornell University Library KF 1244.A7T54

Cases in quasi contract :seiected from d

3 1924 019 322 860

CHAPTER I Intkoductoet — Nattjee op Quasi Contract Section Page

1. Sources and Scope of Quasi Contract 1

I. Noncontractual Obligation to Pay a Sum of Money 1

(A) Customary or OflBcial Obligation. 1

(B) Statutory Obligation 4

(C) Obligation Created by a Record 9

II. Obligation to Account — Unjust Enrichment 11

2. Distinction Between Contract and Quasi Contract 23

I. In General 23

II. Construction of Statutes 33

(A) The Statute of Limitations 33

(B) Statutes Regulating Procedure 37

(C) Stockholders' Statutory Liability 44

CD) Contract Clause of Federal Constitution 48

CHAPTER II Benefits Confeeked by Mistake

1. The General Doctrine: Mistake of Fact 51

I. Fundamental Distinctions 51

(A) Mutual Mistake — Unilateral Mistake 51

(B) Voluntary Payment and Compromise 64

(C) Mistake as to Collateral Matters 75

n. Defenses 82

(A) Retention of Benefit by Defendant not Unconscionable. . 82

(B) Negligence 89

(C) Change of Position by Defendant 96

(D) Purchase for Value 105

III. Notice and Demand — Accrual of Cause of Action Ill

2. Specific Applications of the Doctrine 119

I. Mistake as to Existence of a Contract Between the Parties. . . 119 II. Mistake as to Title to Property which is the Subject-Matter of

a Contract 141

III. Mistake as to Existence of Subject-Matter of a Contract 152

IV. Mistake as to Nature of Subject-Matter of a Contract 166

V. Special Rules as to Negotiable Paper 179

8. Mistake of Law 198

CHAPTER III Benefits Confebbed Undee a Contract Which Has Been Paetiallt Peb

rOBMED

1. Further Performance Impossible 233

I. By Defendant 233

IL By Plaintiff 246

Thubs. Quasi Cont. (ix)

X TABLE OF CONTENTS

Section Page

2. Contract Illegal 268

3. Contract Unenforceable Because of Statute of Frauds 312

I. Defendant Repudiates 312

II. Plaintiff Repudiates 341

4. Repudiation or Substantial Breacli 352

I. By Defendant 352

II. By Plaintiff 386

CHAPTER IV Benefits Voluntaeixy Conferred Without Contract

1. Plaintiff Acted Without Expectation of Compensation 428

2. Plaintiff Acted with Intention of Claiming Compensation 445

CHAPTER V Benefits Conferred Under Compulsion

1. Discharge of Defendant's Obligation 484

I. In General 484

II. Indemnity and Contribution 496

(A) Between Co-obligors 496

(B) Between Tort-Feasors 502

2. Duress 516

3. Compulsion Through Legal Proceedings 535

4. Compulsion Coupled with Illegality 554