Question

Lyn orally contracts to sell five acres of timber to Mountain Mill LLC. The buyer harvests the trees but fails to remit the full price. Because of the lack of a written contract, Lyn could most likely recover on a theory of
A. quasi contract

B. specific performance

C. restitution

D. none of the choices

Answer 1

Answer:

Correct answer is (A) quasi contract

Explanation:

A quasi contract is created by a court order and not by an agreement made by the parties to the contract. It is created by the court when no official agreement exists between the parties in disputes over payments for goods or services. As Mountain Mill LLC harvested the trees but fails to remit the full price, Lyn could most likely recover on a theory of quasi contracts as the goal in the court’s creation of this contracts is to prevent unjust enrichment to any party.