Quasi-Contract Recovery

New York State

The quasi contract recovery is common among the identified states when it comes to construction cases. When a dispute arises because the contractor exceeded the requirements of the contract, the court can grant recovery for the cost of labor and materials but the P should not be compelled to pay for profits (Calamari et al. 1999. Since the quasi contract aims at bringing equity between the contractual parties, it would be unfair to make the defendant in such a case to pay for profits while in the first place he did not intend to pay for the conquered benefit. For example, in the case of Gray v. Rankin in New York State the Defendant was ordered to pay for the amount of labor and materials that the P had used in his construction. Emmanuel (2006) adds that the quasi contract recovery law is important in such instances because it limits the amount of damages that one can recover.

Alabama States

In employment the quasi –contract law comes into play when an employee sues for unlawful dismissal. This happens when an employer through a contract agreed to pay salary and some other benefits to the employee when he/she finishes particular contrast. However, unforeseen circumstances such as sickness or even death prevented full performance. For example Newhall v. Knowles,28 R.I. 348, 67 Atl. 365 and Clark V. Gilbert, 26 N.Y. 280 show instances when contractual agreement can be modified to so as to arrive at a just compensation in Alabama.

California State

An employer who dismisses an employee because of sickness is liable to pay for compensation minus the amount which the employee received while still in active employment. Likewise if the employee resumes duty after sickness the employer can subtract the amount of loss incurred when the employee was not working (Emmanuel, 2006). Even though the applicability of the quasi contract in employment is similar sometimes the adjustment of the contract to arrive to prevent unjustly enrichment varies from state to state e.g hunter v.waldron Ala. and Jones v.Deyer Win. are similar yet different cases in California.

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