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Quasi-Contracts Explained: Implied Obligations and Legal Remedies

Last updated 03/08/2024 by

Rasana Panibe

Edited by

Fact checked by

Summary:
Quasi-contracts, also known as contracts implied in law, serve as retroactive remedies issued by judges to address situations where one party acquires benefits unjustly at the expense of another. This article explores the origins, purpose, legality, requirements, types, and advantages and disadvantages of quasi-contracts.

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What is a quasi-contract?

A quasi-contract, or contract implied in law, acts as a remedy between parties without an existing contract. It’s a judge-decided obligation where one party compensates another for an unjust acquisition.

Understanding quasi-contracts

Quasi-contracts, originating from the Middle Ages, enforce restitution obligations by making one party pay the other as if a contract existed. This retroactive judgment orders the defendant to pay restitution based on unjust enrichment.

Purpose

They outline obligations when a party receives benefits without an agreement. A quasi-contract prevents unjust enrichment and aims to compensate the giver.

Legality

These court-constructed agreements are legally enforceable, resolving disputes where one party gains an advantage.

Requirements

For a judge to issue a quasi-contract, the plaintiff must have experienced a loss due to a transfer, and the defendant must have received the benefit without compensation.

Quasi-contract vs. contract

Quasi-contracts, only implied in law and ordered by a judge, differ from legal contracts initiated by party agreement.

Types of quasi-contract

The Contract Act of 1872 outlines various types, including sections 68 to 72, covering instances of incapacity, payment on behalf of others, lawful acts, found goods, and coercion.

Advantages and disadvantages

Advantages include the prevention of unjust enrichment and court-binding agreements, but limitations exist concerning negligence and recovery limitations.
Weigh the Risks and Benefits
Here is a list of the benefits and drawbacks to consider.
Pros
  • Prevents unfair enrichment
  • A court order is legally binding.
Cons
  • Not suitable in all cases
  • Limitations on recovery

FAQs about quasi-contracts

What are quasi-contracts?

When there is no formal contract between the parties, a judge may order a quasi-contract.

What is a quasi-contract, in simple words?

Instead of an agreement, a court order creates the obligation to prevent unjust enrichment.

What is a quasi-contract example?

For instance, if Person A promises payment to Person B for a service but later denies it, a quasi-contract may be invoked to claim the owed amount.

Key takeaways

  • Quasi-contracts remedy situations without formal contracts.
  • They prevent unjust enrichment and are legally enforceable.
  • Different types cater to various scenarios of obligation.

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