Question

Rough & Ready Timber Company orally contracts with Shawn for the purchase of five acres of Shawn’s timberland. Shawn makes the transfer but Rough & Ready does not pay the price. The lack of a written contract could bar enforcement of this deal. If so, Shawn could most likely recover on a theory of_______.
A. reformation
B. restitution
C. liquidated damages
D. quasi contract

Answer 1

Answer:

The correct answer is letter "D": quasi contract.

Explanation:

A quasi-contract is a type of agreement set by a judge where two parties engaged in some sort of deal involving one of them providing something to the other in exchange for payment but the second party does not fulfill its obligations. Quasi-contracts are created to avoid individuals from taking advantage of one another.  

Quasi-contracts mostly happen when there is no written contract between the parties in a dispute where terms are established making the parties liable of what they signed.

Answer 2

Answer:

D) quasi contract

Explanation:

In contract law, a quasi contract is a legal obligation that results from the absence of a contract between parties. Its main purpose is to prevent unjust enrichment by the party with the highest bargaining power. In this case, the timber company has much more bargaining power and overall wealth than Shawn.

A court determines the existence of a quasi contract and orders its performance in the absence of a true contract.