Quasi-Contract
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A Quasi-Contract is an implied contract that is a legal obligation imposed by a court to prevent unjust enrichment in situations where no formal contract exists between parties.
- AKA: Constructive Contract, Contract Implied In law, Implied-In-Law Contract.
- Context:
- It can be created by a judge to ensure fairness and justice in the absence of a formal agreement.
- It can arise when one party benefits at another's expense without a formal agreement, prompting the court to enforce an contractual obligation to prevent unjust enrichment.
- It can require the unjustly enriched party to make restitution for products or services received.
- It can be imposed regardless of the parties' intentions, focusing on equitable principles.
- It can serve as a judicial remedy in common law legal systems, including the U.S., Canada, Australia, and England.
- It can be enforced even when there is no mutual assent between the parties involved.
- It can be referred to as an implied-in-law contract, distinguishing it from implied-in-fact contracts that are based on the parties' conduct.
- ...
- Example(s):
- Pizza Delivery scenario, where a pizza is delivered to the wrong address and consumed by someone who didn't order it, potentially leading to a quasi-contractual obligation for reimbursement.
- Roofing Repair case, where a company fixes an additional issue discovered during a contracted job, possibly requiring quasi-contractual compensation for the extra work.
- Verbal Job Agreement situation, where one party relies on a promise of employment and incurs expenses, potentially resulting in a quasi-contractual obligation if the job falls through.
- Emergency Medical Care scenario, where a person receives emergency medical services while unconscious; upon recovery, they are obligated to pay for the services received, despite no prior agreement.
- ...
- Counter-Example(s):
- Express Contract, which is a formal agreement explicitly agreed upon by all parties, lacking the court-imposed nature of a quasi-contract[1].
- Implied-in-Fact Contract, which is inferred from the conduct of parties, unlike a quasi-contract that is imposed by law[5].
- Voidable Contract,
- Void Contract.
- See: Restitution Obligation, Constructive Trust, Quantum Meruit, Contract Law, Breach-of-Contract, Promissory Estoppel, Bilateral Contract, Unilateral Contract.
References
2024a
- (ChatGPT-OpenAI, 2024) ⇒ Prompt: Summarize the concept Quasi-Contract in 1- 2 paragraphs. ChatGPT (model:gpt-4o). Retrieved: 2024-12-29.
- QUOTE: A quasi-contract is a legal concept where a court imposes an obligation on one party to prevent unjust enrichment at the expense of another, even though no formal contract exists between the parties. It is rooted in the principle of equity and aims to offer a remedy in situations where one party has received a benefit unfairly. Typically, quasi-contracts are used in situations where services or goods have been provided, and payment is expected, but there is no written or verbal agreement that would typically bind the parties contractually. The primary goal is to ensure fairness and prevent one party from benefiting from their wrongful or unjust actions to the detriment of another.
The remedy provided under a quasi-contract is often referred to as restitution or quantum meruit, meaning "as much as he deserves," where the party who has conferred a benefit is entitled to a reasonable payment for the value of the benefit provided. The courts look at factors such as the conduct of the parties, the expectation of payment, and the benefit unjustly retained to determine whether to impose a quasi-contractual obligation. It's important to note that, although termed a "contract," a quasi-contract is not an actual contract but a legal obligation recognized to promote justice and fairness.
- QUOTE: A quasi-contract is a legal concept where a court imposes an obligation on one party to prevent unjust enrichment at the expense of another, even though no formal contract exists between the parties. It is rooted in the principle of equity and aims to offer a remedy in situations where one party has received a benefit unfairly. Typically, quasi-contracts are used in situations where services or goods have been provided, and payment is expected, but there is no written or verbal agreement that would typically bind the parties contractually. The primary goal is to ensure fairness and prevent one party from benefiting from their wrongful or unjust actions to the detriment of another.
2024b
- (LegalBrief AI, 2024) ⇒ LegalBrief AI (2024). "quasi contract - Meaning in Law and Legal Documents, Examples and FAQs ". In: LegalBrief AI -- Legal Terms Dictionary.
2024c
- (Wikipedia, 2024) ⇒ https://en.wikipedia.org/wiki/Quasi-contract Retrieved:2024-12-29.
- A quasi-contract (or implied-in-law contract or constructive contract) is a fictional contract recognised by a court. The notion of a quasi-contract can be traced to Roman law and is still a concept used in some modern legal systems. Quasi contract laws have been deduced from the Latin statement "Nemo debet locupletari ex aliena iactura", which proclaims that no one should grow rich out of another person's loss. It was one of the central doctrines of Roman law.
2024c
- (Vaia, 2024) ⇒ Vaia. (2024). "Quasi-Contract: Example, Theory & Remedies". In: Vaia.
2023a
- (Asheychik, 2023) ⇒ Olga Asheychik (2023). "The quasi contract: A complete guide (with examples)". In: PandaDoc Blog.
2023b
- (SFY Law, 2023) ⇒ The Law Offices of Sanford F. Young P.C. (2023). "Beginners guide to quasi-contracts in New York". In: SFY Law Blog.
2022
- (LLI/Wex, 2022) ⇒ Wex Definitions Team (2022). "Quasi contract (or quasi-contract)". In: Cornell Law School Legal Information Institute (LII), Wex.
2017
- (Legal Dictionary Net, 2017) ⇒ LDN Content Team (2017). "Quasi-Contract". In: Legal Dictionary Net.