Implied Contracts: Understanding Quasi Contracts

Contracts are agreements between parties that create legally enforceable obligations. In most cases, contracts are created through explicit and formal negotiations, which result in a written or oral agreement. However, in some situations, contracts may be implied, meaning that the parties’ actions or circumstances create an obligation to perform, even though no formal contract exists. One type of implied contract is a quasi contract, also known as an implied-in-law contract.

What is a Quasi Contract?

A quasi contract is a legal concept used by courts to prevent unjust enrichment. It is not a true contract because it is not based on the parties’ actual agreement or intent. Instead, it is an obligation imposed by law to prevent one party from being unjustly enriched at the expense of another party. The term “quasi” means “as if” or “as though,” which reflects the fact that a quasi contract is not a real contract, but rather a legal fiction created by the courts.

Elements of a Quasi Contract

To establish a quasi contract, certain elements must be present. First, the defendant must have received a benefit from the plaintiff. Second, the defendant must have known or should have known that the plaintiff expected to be compensated for the benefit. Third, the defendant must have accepted the benefit under circumstances that make it unfair for the defendant to retain the benefit without paying for it. Finally, the plaintiff must have suffered harm or loss as a result of the defendant’s failure to compensate.

Quasi Contract vs. Express Contract

One key difference between a quasi contract and an express contract is that an express contract is based on the parties’ actual agreement, while a quasi contract is not. In an express contract, the parties negotiate the terms of the contract and reach a mutual agreement. In a quasi contract, the court imposes an obligation to prevent unjust enrichment, even though no actual agreement exists.

Another key difference is that a quasi contract does not require consideration, which is the exchange of something of value between the parties. In an express contract, consideration is necessary to create a legally enforceable obligation. In a quasi contract, however, the court imposes the obligation without the need for consideration.

Examples of Quasi Contracts

Quasi contracts can arise in a variety of situations. For example, if a contractor performs work on a property without a written contract, but the property owner accepts the work and benefits from it, a quasi contract may arise to require the property owner to compensate the contractor for the value of the work. Similarly, if a doctor provides emergency medical treatment to a patient who is unable to give consent, a quasi contract may arise to require the patient or their estate to pay for the treatment.

Remedies for Quasi Contracts

If a court finds that a quasi contract exists, it will impose an obligation on the defendant to pay for the benefit received. The amount of compensation will be based on the value of the benefit received, rather than on the parties’ actual agreement. The court may also award damages to the plaintiff for any harm or loss suffered as a result of the defendant’s failure to compensate.

Conclusion

Quasi contracts are a legal concept used by courts to prevent unjust enrichment. They are not true contracts, but rather obligations imposed by law to require compensation for a benefit received. Quasi contracts can arise in a variety of situations where one party receives a benefit from another party, even though no actual agreement exists. If a court finds that a quasi contract exists, it will impose an obligation on the defendant to compensate the plaintiff for the value of the benefit received.

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