WI · jury_instructions
Wis JI-Civil 3026
Implied Contract: Promise to Pay Reasonable Value
[Use paragraphs of Wis JI-Civil 3024 if appropriate.]
If a person performs services, furnishes property, or expends money for another at the
other's request and there is no express agreement as to compensation, a promise to pay the
reasonable value of the services or property or to reimburse for money expended may be
properly implied; there must be some conduct of the person benefited from which his or her
free election to promise to pay may be fairly inferred.
A promise to pay will not be implied where the service or other benefit was intended
by the performer as a gratuity, or without expectation of payment.
If a party expressly declares that it is not his or her intention to make a contract, an
implied promise may not be found and enforced against the party.
History
Wis JI-Civil 3026 (1993). ©1993, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2246a3603f3bcd36210115a5bac5e7ae8a5d6db60982f21418b6ce02e7ae7664
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