quasi-contract

(redirected from Quasi Contracts)
Also found in: Dictionary, Financial.
Related to Quasi Contracts: implied in law, Implied in law contract

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 ?
The elements of a cause of action for a quasi contract are that: (1) the plaintiff has conferred a benefit on the defendant; (2) the defendant has knowledge of the benefit; (3) the defendant has accepted or retained the benefit conferred and (4) the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it.
8) Frederic Campbell Woodward, The Law of Quasi Contracts (Little, Brown, and Co, 1913).
12) American Law Institute, Restatement of the Law of Restitution: Quasi Contracts and Constructive Trusts (1937).

Full browser ?