Ed, a local businessman, is friends with Trudy,
who owns a candy store. Every day on his
lunch hour, Ed goes to Trudy’s candy store and
looks at the candy for a few minutes while
chatting with Trudy. Ed usually buys one or two
pieces of candy before going back to work. One
afternoon, Ed goes into Trudy’s store and picks
up a $2 candy bar. Seeing that Trudy is busy
with another customer, he catches her eye,
waves the candy bar, and walks out. Do Ed and
Trudy have a contract?
– Explicitly stated
– Understood but not stated
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• Equitable remedy
• Did plaintiff confer benefit on defendant?
• With reasonable expectation of being
• Will there be unjust enrichment of
• 'quantum meruit'
• "as much as she deserves"
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