quasi-contract

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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 ?
(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).
The first (overseen by Professor Seavey) reflected, roughly, the area formerly analysed as quasi contract (but with enlargements into areas originating in tort or equity), while the second (overseen by Professor Scott) comprised an area consisting largely of constructive trusts, resulting trusts, tracing and some equitable defences (material that was consciously carved out of the Restatement of the Law of Trusts, (44) a point to which I will return).

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