quasi-contract

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Also found in: Dictionary, Financial.
Related to quasi-contractual: implied in law, Quasi delict, 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 ?
While it is likely that Puerto Rico's bondholders will be denied quasi-contractual recovery, there are some caveats to such an outcome.
The general principles with reference to unjust enrichment which are at the basis of constructive trusts and the analogous equitable remedies of equitable lien and subrogation are also at the basis of quasi-contractual obligations.
Joyce, Zawaki and Suburban owed MacNeal Hospital an implied quasi-contractual obligation for indemnification based on the assertions contained in the second-amended complaint that Drs.
The court went on to say that the right of reimbursement is implied in law as quasi-contractual and thus does not have to be expressed in the policy.
They implicitly predicated a quasi-contractual relationship between God and his faithful servants in which their obligations to him were balanced by his obligations to them.
This institutional framework determines the organizational form of regulation through its effects on quasi-contractual mechanisms, whose object is to exchange "rights to regulate", i.
Numerous contractual and quasi-contractual relationships exist in this type of litigation and practitioners must decide early in the litigation what third parties should be brought into the litigation, what type of claim should be asserted, and when that claim should be asserted.
26) Quasi-contractual claims for unjust enrichment are thus recoverable by the bankruptcy trustee.
As the changes were implemented, perceived lack of success forced the adoption of quasi-contractual and quasi-market paradigms, and perhaps eventually full market paradigms.

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