· 4/5/1996
Lance Camper Manufacturing Corp. v. Republic Indemnity Co. of America
Citations
- 44 Cal. App. 4th 194
- 51 Cal. Rptr. 2d 622
- 96 Cal. Daily Op. Serv. 2419
- 96 Daily Journal DAR 3968
- 61 Cal. Comp. Cases 371
- 1996 Cal. App. LEXIS 308
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “it is well settled that an action based on an implied-in-fact or quasi-contract cannot lie where there exists between the parties a valid express contract covering the same subject matter.”
- allowing a plaintiff, under Ohio law, to seek recovery for unjust enrichment on a claim within “the parameters of the contract” when there is an allegation of fraud or bad faith
- “[A]n action based on an implied-in-fact or quasi-contract cannot lie where there exists between the parties a valid express contract covering the same subject matter.”
- “The [Plaintiff] must allege that the express 21 contract is void or was rescinded in order to proceed with its quasi-contract claim.”
- “Finally, as to the Insured’s claim of unjust enrichment resulting in an implied-in-fact contract, it is well settled that an action based on an implied-in-fact or quasi-contract cannot lie where there exists between the parties a valid express contract covering the same subject matter.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boren
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.