Insurance Agent's obligation to pay Carpet Cleaner is based on which type of contract?

Study for the CLEP Business Law Test. Engage with flashcards and multiple choice questions, each question has hints and explanations. Prepare effectively for your exam!

The obligation of the insurance agent to pay the carpet cleaner is based on a quasi contract. A quasi contract, although not an actual contract formed by explicit agreement, arises when one party benefits at the expense of another in such a way that it would be unjust to allow the benefiting party to retain that benefit without compensating the other. In the case of the carpet cleaner, if the insurance company received a benefit (such as the cleaning of a carpet to prevent further damage covered under an insurance policy), the law may impose an obligation on the insurance agent to pay the carpet cleaner even without a formal agreement. This principle is grounded in equity, aiming to prevent unjust enrichment.

In contrast, an express contract refers to an agreement where the terms are clearly stated, either orally or in writing. An implied in fact contract arises from conduct rather than explicit agreement, indicating a mutual intention of the parties to enter into a contract based on their behavior. A bilateral contract involves a mutual exchange of promises between two parties. Each of these concepts differs from the situation involving the carpet cleaner, where the law seeks to ensure fairness through the recognition of a quasi contract when no formal agreement exists, but benefits have been exchanged.

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