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· 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  • “The [Plaintiff] must allege that the express 21 contract is void or was rescinded in order to proceed with its quasi-contract claim.”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 CourtListener

Sourced 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.