Quasi Contract Legal Remedy Definition

2022年10月31日

A quasi contract is a legal remedy that is used when there is no actual contract between two parties, but one party has conferred a benefit on the other. The legal remedy allows the party who conferred the benefit to recover the value of that benefit from the party who received it.

A quasi contract arises in situations where there is no express agreement, but there is an implied promise or obligation. This type of contract is also called an implied-in-law contract. It is a remedy that is used to prevent unjust enrichment, which occurs when one party benefits unfairly or without legal justification at the expense of another party.

In a quasi contract, the party who confers the benefit does so voluntarily and with the expectation of being compensated for it. The party who receives the benefit is aware of the situation and accepts it without protest. However, there is no actual agreement between the parties to compensate the one who conferred the benefit.

For example, if a contractor mistakenly builds a fence on someone else`s property, the property owner receives the benefit of the fence without having to pay for it. In this case, the contractor can use a quasi contract to recover the value of the fence from the property owner.

A quasi contract is not a true contract because both parties did not agree to the terms of the arrangement. It is a legal remedy that is used to prevent unjust enrichment and to ensure that the party who conferred the benefit is compensated for their efforts.

In order for a quasi contract to be enforced, certain elements must be present. First, there must be a benefit conferred on one party by another. Second, the party who conferred the benefit must have done so with the expectation of being compensated for it. Third, the party who received the benefit must have accepted it without protest and with knowledge of the situation.

In conclusion, a quasi contract is a legal remedy that is used when there is no actual contract but there is an implied promise or obligation. It is a way to prevent unjust enrichment and ensure that the party who conferred the benefit is compensated for their efforts. If you find yourself in a situation where you have conferred a benefit on someone else without an actual contract, a quasi contract may be the legal remedy you need to get compensated for your efforts.

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