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Quasi contact

Quasi contact

by Arpa Singh -
Number of replies: 0

Question : define quasi- contract? 

Answer:A quasicontract, also known as a "contract implied in law" or "constructive contract," is a legal concept that involves the imposition of certain contractual obligations on parties in the absence of an actual contract between them. Unlike a typical contract, which is formed through the mutual assent of the parties, a quasicontract is created by law to prevent unjust enrichment or unfairness.


The term "quasicontract" itself can be somewhat misleading, as it does not involve a true contractual relationship in the traditional sense. Instead, it is a legal fiction used to address situations where one party has received a benefit from another, and it would be unjust for the benefiting party to keep that benefit without compensating the other party.


In essence, a quasicontractual obligation arises when:


1. **One party has conferred a benefit on another.

2. The benefiting party has knowledge of the benefit.

3. Retaining the benefit without compensating the conferring party would be unjust.


Courts may then impose an obligation on the benefiting party to make restitution or pay for the value of the benefit received.


Quasicontracts are often invoked in situations where there is no express contract between the parties, but the law steps in to prevent one party from unfairly profiting at the expense of the other. It's a legal remedy designed to ensure fairness and prevent unjust enrichment in the absence of a formal agreement.