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A quasi-contract (or implied-in-law contract or constructive contract) is a fictional contract recognised by a court. The notion of a quasi-contract can be traced to Roman law and is still a concept used in some modern legal systems. Quasi contract laws have been deduced from the Latin statement "Nemo debet locupletari ex aliena iactura", which ...
Negotiorum gestio ([nəˌgō.shē-ˈȯr-əm-ˈgestēˌō], Latin for "management of business") is a form of spontaneous voluntary agency in which an intervenor or intermeddler, the gestor, acts on behalf and for the benefit of a principal (dominus negotii), but without the latter's prior consent.
There are two types of quasi-contract. One is an action in restitution. The other is unjust enrichment. Note, therefore, that it is improper to say that quasi-contract, implied in law contract, and unjust enrichment are all synonymous, because unjust enrichment is only one type of the broader category of quasi-contracts (contracts implied in ...
Quasi-contract, the legal fiction that mostly evolved into modern restitution Indebitatus assumpsit, the historical form of action for asserting a quasi-contract in common law, especially by asserting the "common counts," such as: Money had and received; Quantum meruit; Quantum valebant; Equitable remedies for restitution include: Account of ...
A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly. For example, if a patient refuses to pay after being examined by a doctor, the patient has breached a contract implied in fact. A contract which is implied in law is sometimes called a quasi-contract.
A quasi-contract, or a contract implied in law, is an obligation or series of obligations arising by operation of law without the mutual intention of the parties. There are two primary categories of quasi-contract: negotiorum gestio or restitution (which are similar but codified separately in the Civil Code of Québec) and unjust enrichment.
The Law of Quasi-Contracts. 1952. [12] [13] This monograph [14] has been described as "excellent". [15] Select Legal Essays. 1952. [16] He was author, with Sir John William Salmond, of Principles of the Law of Contracts (1927). He was editor, with Arnold Duncan McNair, of Cambridge Legal Essays (1926).
Quasi-contractual obligations ... 5 Explicitly rejected by the UNIDROIT Principles of ... The doctrine of privity of contract is a common law principle which provides ...