quasi-contract


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Related to quasi-contract: implied in law

quasi-contract

‘like’ contract. A very contentious term at present, it describes cases where parties have an obligation that resembles contract but where there is actually no contract at all. In England it was (and still is) predominantly used for cases involving money had and received, and in Scotland was (and still is) used to describe cases under the various actions for recovery of mistaken payments and for work done without contract. Modern theorists have demonstrated that quasi-contractual actions have nothing to do with contract at all but rather describe, mostly, claims in restitution for unjust enrichment. Accordingly, the term is becoming used by fewer and fewer commentators.
References in periodicals archive ?
and concreteness required for New York quasi-contract claim); Reeves v.
In practice, courts often misinterpret quasi-contract and contract implied in fact by confusing the two (132) or conflating them into a monolithic quantum meruit hybrid.
Imagining that he has agreed to serve another, he represents the quasi-contract he would enter into with his hypothetical master.

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