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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 ...
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 ...
This form of intervention is classified as a quasi-contract and found in civil-law jurisdictions and in mixed systems (e.g. Louisiana, Scots, South African, and Philippine laws). For example, while you are traveling abroad, a typhoon hits your home town and the roofing of your house is in danger.
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 ...
[7] He further separates the law of obligations into contracts, delicts, quasi-contracts, and quasi-delicts. Nowadays, obligation, as applied under civilian law, means a legal tie (vinculum iuris) by which one or more parties (obligants) are bound to perform or refrain from performing specified conduct (prestation). [8]
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, who is authorized to act on behalf of another (called the principal) to create legal relations with a third party. [1]
Therefore, no contract was made, and the intermeddler has no legal recourse to claim compensation. However, certain legal jurisdictions provide for an implied-by-law contract, called a quasi-contract , that exists solely for the purposes of remedying this unjust enrichment by giving a court legal means to enforce compensation.
The modern law of unjust enrichment encompasses what was once known as the law of quasi-contract. Its precise scope remains a matter of controversy. [1] Beyond quasi-contract, it is sometimes said to encompass the law relating to subrogation, contribution, recoupment, and claims to the traceable substitutes of misapplied property.