Also known as: implied assumpsits · quasi-contract · implied contract
Written by attorneys · grounded in primary & secondary sources — see below
A quasi-contractual remedy by which the law implies a promise to pay the reasonable value of services performed or benefits conferred. The obligation arises when one party has received a material advantage under circumstances making retention without compensation unjust.
Ike Ingram spent substantial sums on wedding preparations after his fiancée ended the engagement. A court allowed recovery of those actual expenditures under an implied promise to compensate for reliance losses incurred in anticipation of the marriage.
Ivy Ibarra worked for Inertia Dynamics for eight years under policies that repeatedly assured continued employment absent good cause. When terminated without cause, she recovered the value of services rendered during the period the implied promise of job security remained in force.
Select any source to read its text and confirm it supports the definition.
Ivan Ivanov and Isla Ireland lived together for several years and pooled resources to acquire assets. After separation, Ivan recovered the reasonable value of his contributions under an implied promise that the couple would share accumulated property equally.
India Inoue contracted to serve as courier for Imperial Motors beginning in two months. When the company repudiated the agreement before the start date, she recovered the value of preparations already made under the implied obligation to compensate for reliance.
Iris Irons discovered her likeness used on product packaging without consent. She recovered the reasonable value of that use under an implied promise that the company would pay for the commercial benefit obtained from her image.
Infinity Bank advanced funds to Indigo Textiles on the strength of an oral understanding between its principals. After the relationship ended, the bank recovered the value of services and capital supplied under the implied promise of repayment for benefits conferred.
The law implies the promise when one party confers a material benefit and retention without compensation would be unjust. Courts examine whether the recipient knew of the expectation of payment and whether the circumstances support an obligation to pay the reasonable value.
Supporting sources
No. Recovery is limited to the reasonable value of services or benefits actually conferred. Expected gains such as social position or future financial advantages from a marriage or relationship are not recoverable.
An implied promise arises only when no enforceable express agreement governs the transaction. If an express contract exists, courts enforce its terms rather than implying a different obligation.
Supporting sources
Yes, when the underlying conduct contains a tort element such as malice. The quasi-tort character of the action permits punitive damages in appropriate cases even though the primary claim sounds in implied contract.
…court in Vallera did not explain how a woman could recover the reasonable value of her services without relying upon an implied contract. Subsequent cases have struggled with this problem. (See, e.g., Lazarevich v. Lazarevich (1948) 88 Cal.App.2d 708; Latham v. Latham (1974) 41 Cal.App.3d 828.) The rule of Trammel and…