· 3/21/1960
St. Paul Fire & Marine Insurance v. Indemnity Insurance Co. of North America
Citations
- 158 A.2d 825
- 32 N.J. 17
- 1960 N.J. LEXIS 188
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- opining that quasi-contractual obligation (implied in law) is imposed by law for purpose of preventing unjust enrichment at expense of another without reference to intention of parties
- considering whether party was entitled to unjust enrichment remedy because other party had “accepted a benefit . . . beyond its contractual right.”
- inquiry is significance of parties' actions as viewed by reasonable person engaged in relevant custom or trade
- inquiry is significance of parties’ actions as viewed by reasonable person engaged in relevant custom or trade
- also emphasizing that a quasi-contractual obligation is \sometimes imposed even against a clear expression of dissent\
- “[A] true contract implied in fact ‘is in legal effect an express contract,’ and varies from the latter only insofar as the parties’ agreement and assent thereto have been manifested by conduct instead of words.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Schettino
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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