1. There exists, in the field of contract law, both contract and non-contract th

Question

1. There exists, in the field of contract law, both contract and non-contract theories of recovery. Depending upon the particular fact situation, a party might file a lawsuit for breach of an express contract in fact or an implied contract in fact. Both are contract theories. However, a party might choose to rely on a non-contract theory instead. The two non-contract theories are quasi-contract (implied in law) and promissory estoppel. Briefly distinguish between the two non-contract theories and cite an example of each. Indicate who would prevail in the example that you cite.

2. The Restatement 2d of Contracts, Uniform Commercial Code and stare decisis are, generally speaking, the sources of law that judges resort to when presiding over contract disputes. The facts of the particular case will determine which of the sources is the one applied in a given lawsuit. It is the duty of the judge to decide what law to apply. The judge will inform the jury of his or her choice. Briefly explain why and when a judge would apply the Uniform Commercial Code instead of the Restatement 2d and vice versa. Give examples of each.

Explanation / Answer

1. A quasi-contract is the recovery or an obligation that is not formed by an actual agreement or contract, but instead is accepted for

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