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.
So if the law of quasi-contracts deals with contract-like situations that aren't strictly contractual, and the law of quasi-torts with tort-like scenarios that aren't purely delictual, does a more prominent category of situations exist where the law creates property-like entitlements, but recognizes them to be something other than truly proprietary in character?
Here is the whole law of quantum meruit--a phrase that survives from the days of quasi-contract and can be translated into plain English as "reasonable value" ([section] 31 cmt.
34) p H Winfield, 'The American Restatement of the Law of Restitution' (1938) 54 Law Quarterly Review 529 (where it is stated at 529 that 'English lawyers cannot have their attention directed too often or too emphatically to this branch of the law'); P H Winfield, 'Equity and Quasi-Contract' (1948) 64 Law Quarterly Review 46; Sir P H Winfield, The Law of Quasi-Contracts (Sweet & Maxwell, 1952).
Imagining that he has agreed to serve another, he represents the quasi-contract he would enter into with his hypothetical master.
The equitable doctrines of unconscionability and quasi-contract make clear that the original intent standard will not always promote the cause of efficiency.
First, the mentor suggested that a promissory estoppel claim, which is based on a quasi-contract theory, is not appropriate on the same facts where also lay a breach of contract claim.

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