An implied contract, also known as an implied in fact contract, is not a contract, but rather is an equitable remedy for un just enrichment. T F A quasi contract, also known as an implied in law contract, is a contract. When a contract contains a legally offensive contract term then that term may be severed by a court of law if that term is supported by separate consideration. However, once severed n either party will have standing to sue in a court of equity to enforce that severed, legally offensive term. The agreement of contracting parties must be sufficiently definite for the court to enforce the agreement.
Quantity is a critical part of definiteness.
Thus, a contract that calls for one party to supply all that the other party requires fails for lack of definiteness. Similarly, a contract that calls for one party to purchase all that the other party produces also fails for lack of definiteness. The legal prohibition on silence serving as objective acceptance is so great that the parties to a contract may not agree that silence will serve as acceptance. The contractual capacity required to initially form a contract requires objective knowledge. In contrast, ratification of a contract requires actual knowledge.