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contract implied in law

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 267 U.S. 338 - Merritt v. United States · 1925Most cited · 646 citing opinions

The Tucker Act does not give a right of action against the United States in those cases where, if the transaction were between private parties, recovery could be had upon a contract implied in law.

How often courts cite the cases defining “contract implied in law”

1920194019601980200020202030233

Court decisions citing the 2 opinions that defined “contract implied in law” — 856 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.

All 2 definitions, chronological · 1925–1926

  1. one based merely on equitable considerations and implied in law, as distinguished from a contract implied in fact; a contract implied in law does not give the Court of Claims or a district court under the Tucker Act jurisdiction to give judgment against the government