Quasi Contract Legal Definition

2022年5月13日

Quasi Contract Legal Definition: An Overview

A quasi contract, sometimes referred to as an implied contract or constructive contract, is a legal concept that arises when two parties do not have a formal or express agreement, but one party has received a benefit from the other party and it would be unjust for the benefiting party to not compensate the other. Quasi contracts are created by the court in order to prevent unjust enrichment.

For example, if you hire a contractor to remodel your bathroom but fail to sign a contract, the contractor can still sue you for payment under a quasi contract theory. This is because the contractor provided a service to you, and it would be unjust for you to receive that service and not pay for it.

Another example of a quasi contract might be if you found a lost dog and took it to the vet for treatment, but the dog`s owner never made an express agreement to pay you for the vet bill. In this case, the owner would be unjustly enriched if they did not compensate you for the veterinarian bill, and a quasi contract could be imposed by the court to ensure that you are compensated for your services.

Although quasi contracts may sound similar to actual contracts, there are some important differences. First, quasi contracts are not based on a mutual agreement between the parties. Instead, they are based on the principle of unjust enrichment. Second, unlike actual contracts, quasi contracts do not require the parties to have a meeting of the minds regarding the terms of the agreement.

In order to establish a quasi contract, the following elements must be proven:

1. The plaintiff provided a benefit to the defendant

2. The defendant accepted and appreciated the benefit

3. The circumstances indicate that it would be unjust for the defendant to retain the benefit without paying the plaintiff

Quasi contracts can be complicated legal concepts, and it is important to seek the guidance of an experienced attorney if you are facing a potential quasi contract dispute. As a professional, we hope this article has helped you understand the basics of quasi contracts and their legal definition.

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