Implied-in-Law Obligations (Quasi-Contract) in Florida
FL implied-in-law obligation: court-imposed duty to prevent unjust enrichment. No agreement needed (unlike implied-in-fact, which has conduct-based assent). Elements: benefit received, at other’s expense, inequitable to retain. Damages: restitution (not expectation). Statute of limitations: 5 years (Section 95.11(2)(b)). Accrues when plaintiff discovers unjust retention.
Implied-in-Fact vs. In-Law
- In-fact: conduct implies agreement
- In-law: no agreement, court imposes
- Both: 5-year SOL
Elements
- Benefit received at other’s expense
- Inequitable to retain
- No agreement required
Damages
- Restitution: value of benefit
- Not expectation (no contract)
- 5-year SOL
Related Terms
- Quasi-Contract — Overview
Barnes Walker Business Law
Barnes Walker’s attorneys handle implied-in-law claims in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC