What is Quasi Contract ? Definition And Meaning

Quasi Contract

Quasi Contract – We have seen the a contract is the result of an agreement enforceable by law. But in some cases there is no offer, no acceptance, to consensus ad-idem and in fact no intention of the part of parties to enter into a contract and still the law, from the conduct and relationship of the parties, implies promise imposing obligation on the one party and conferring a right in favor of the other. In other words, under certain special circumstances obligations resembling those created by a contract are imposed by law although the parties have never entered into a contract. Such obligations imposed by law are referred to as ‘Quasi-Contracts’ or ‘Constructive Contracts’ under the English law, and “certain relations resembling those created by contracts” under the Indian law. Quasi Contract

Quasi Contract

The term quasi contract has been used because such a contract resembles with a contract so far as result or effect is concerned but it has little or no affinity with a contract in respect of mode of creation.
A quasi contract rests upon the equitable “doctrine of unjust enrichment” which declares that a person shall not be allowed to enrich himself unjustly at the expense of another. Duty, and not a promise or agreement , is the basis of such contracts. It may me noted that a suit for damages for the breach of the contract can be filed in the case of a quasi-contract in the same way as is the case of completed contract.

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