What Are Quasi Contracts: A Quick Overview
When it comes to legal terms, it`s easy to get lost in the jargon. One term that may seem unfamiliar to most is “quasi contract.” In simple words, a quasi contract is a contract that`s not really a contract, but still imposes obligations on parties involved.
Let`s dive in and understand the concept of quasi contracts in detail.
What is a Quasi Contract?
A quasi contract is an obligation imposed by the law on a party to pay for benefits received from another party, irrespective of whether a contract was formed or not. It is also known as an implied-in-law contract or a constructive contract.
In a quasi contract, one party receives a benefit from the other party, and the law imposes an obligation on the receiving party to make a payment to the other party as compensation. A quasi contract is, therefore, a legal fiction created by the court to prevent unjust enrichment.
When Does a Quasi Contract Arise?
A quasi contract arises when there is no express agreement between the parties, and one person receives a benefit from another person. The benefit can be in the form of goods, services, or money.
For example, if a plumber comes to your house to fix the bathroom sink without any prior agreement, and you allow him to fix it, you`ll be receiving a benefit. In this case, the law may consider a quasi-contract to have formed, and you`ll be obligated to pay the plumber for his services.
What Are the Elements of a Quasi Contract?
To establish a quasi contract, the following elements must be present:
1. The plaintiff provided a benefit to the defendant.
2. The defendant accepted and retained the benefit.
3. The plaintiff expected to receive compensation for providing the benefit.
4. The defendant knew or should have known that the plaintiff expected compensation.
What Are the Remedies For a Quasi Contract?
If a quasi contract exists, the plaintiff may recover the reasonable value of the benefit conferred upon the defendant. This remedy is known as restitution.
Courts may also grant equitable remedies in cases of quasi contracts. These remedies are designed to prevent one party from being unjustly enriched at the expense of the other party.
In conclusion, a quasi contract is a legal concept that arises when one party receives a benefit from another party, and no agreement exists between them. While it`s not a real contract, it still imposes an obligation on the receiving party to compensate the other party for the benefit received. Understanding the concept of quasi contracts can help you identify situations where an obligation may arise without an express agreement.