I Imply What You Infer Unless You are a Court: Reporter's Note to Restatement (Second) of Contracts Section 19 (1980)

Oklahoma Law Review, Vol. 35, p. 707, 1982

13 Pages Posted: 1 Oct 2011  

Mary Jane Morrison

Hamline University - School of Law

Date Written: 1982

Abstract

This article explores the Restatement (Second) of Contracts with the expanded reporter’s notes. In particular, the author examines the note to section 19, “Conduct as Manifestation of Assent.” The note is problematic in the language of “contracts inferred from fact” and “contracts implied in fact.” The problem is a lack of conceptual clarity about quasi-contracts; moreover, the note to section 19 only adds an incorrect point of “clarification” that unnecessarily risks obfuscation.

Keywords: Contracts, Section 19, inferred from fact, implied from fact

Suggested Citation

Morrison, Mary Jane, I Imply What You Infer Unless You are a Court: Reporter's Note to Restatement (Second) of Contracts Section 19 (1980) (1982). Oklahoma Law Review, Vol. 35, p. 707, 1982. Available at SSRN: https://ssrn.com/abstract=1928229

Mary Jane Morrison (Contact Author)

Hamline University - School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

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