Quasi Contract

by Kelly Fiorini
A quasi contract is an agreement invoked by a judge to prevent one party from unfairly benefiting from the actions of another. Learn about its elements.

What is a quasi contract?

A quasi contract, also known as a constructive contract or contract "implied in law," is a legal remedy enforced by a court to prevent unjust enrichment when one party benefits from another's actions without a formal agreement. This concept is applied when goods, services, or property are provided by one party to another without an existing contract, and the recipient fails to compensate for them. The court orders restitution under the quasi contract, obligating the recipient to pay quantum meruit, meaning "the amount one deserves," for the benefits received.

Legal research software assists attorneys in gathering pertinent case information, such as in quasi-contract situations, by providing access to experts, statutes, and public records, enabling them to offer confident counsel.

Examples of situations that might give rise to a quasi contract include a doctor treating an unconscious patient (necessity), using someone's land without permission (restitution), or a lawyer providing legal advice with the expectation of payment (quantum meruit).

Quasi contracts are essential in resolving disputes where traditional contract laws do not apply, ensuring that no party is unjustly enriched at the expense of another. It is beneficial in situations where there is no explicit agreement or consent between the parties involved, but one party has clearly received a benefit that should be compensated.

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Kelly Fiorini
KF

Kelly Fiorini

Kelly Fiorini is a freelance writer for G2. After ten years as a teacher, Kelly now creates content for mostly B2B SaaS clients. In her free time, she’s usually reading, spilling coffee, walking her dogs, and trying to keep her plants alive. Kelly received her Bachelor of Arts in English from the University of Notre Dame and her Master of Arts in Teaching from the University of Louisville.