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
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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