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State and Local Government Law

1911

Michigan

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Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton Jan 1911

Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton

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We have constructive fraud, constructive trusts, constructive notice, and why not constructive contract, a contractual obligation existing in contemplation of law, in the absence of any agreement express or implied from facts? With this apology we shall use the term quasi contract as covering an obligation created by law and enforceable by an action ex contractu. We are not for the present interested in the circumstances which may give rise to this obligation as between individuals; nor as between an individual and a private corporation, or quasi public corporation, so-called, as a railroad or other public utility. In these cases …