Which contract is an obligation imposed by law to prevent unjust enrichment, even though no express agreement exists?

• A. Implied-in-law contract
• B. Implied-in-fact contract
• C. Express contract
• D. Voidable contract

Answer: (A)

A quasi-contract, called an implied-in-law contract, is an obligation created by the law to prevent someone from being unjustly enriched at another’s expense when there is no express agreement. This type of obligation arises not from the parties’ mutual assent, but from fairness ruled by the courts. The idea is that if one party benefits at the expense of another, the law requires compensation for the value of that benefit to avoid unjust enrichment. Typical elements include a benefit conferred, knowledge or acceptance of that benefit by the recipient, and circumstances making it inequitable for the recipient to retain the benefit without paying for it; the remedy is restitution for the value of the benefit. This is why the described scenario points to an implied-in-law contract. Implied-in-fact contracts arise from conduct indicating mutual agreement, express contracts are explicit promises, and voidable contracts are valid contracts that may be voided for a defect.