I Imply What You Infer Unless You are a Court: Reporter's Note to Restatement (Second) of Contracts Section 19 (1980)
Mary Jane Morrison
Hamline University - School of Law
Oklahoma Law Review, Vol. 35, p. 707, 1982
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.
Number of Pages in PDF File: 13
Keywords: Contracts, Section 19, inferred from fact, implied from fact
Date posted: October 1, 2011