Grounds for invalidating a contract
The term quasi-contract is a more accurate designation of contracts implied in law.Implied contracts are as binding as express contracts.Factors that contributed to this acceptance include the increase in divorce during the 1970s, and the implementation of so-called "no fault" divorces pursuant to which a married couple could get a divorce without the need for an accusation of misconduct against one or both spouses.
It may be "notarized" or acknowledged and may be the subject of the statute of frauds.
The purpose of a contract is to establish the agreement that the parties have made and to fix their rights and duties in accordance with that agreement.
The courts must enforce a valid contract as it is made, unless there are grounds that bar its enforcement.
Implied Contracts Although contracts that are implied in fact and contracts implied in law are both called implied contracts, a true implied contract consists of obligations arising from a mutual agreement and intent to promise, which have not been expressed in words.
It is misleading to label as an implied contract one that is implied in law because a contract implied in law lacks the requisites of a true contract.
Courts are only empowered to enforce contracts, not to write them, for the parties.