A quasi contract, also known as a contract implied in law or constructive contract, is a legal obligation imposed by law to prevent unjust enrichment
. It is a retroactive remedy between two parties who have no contract with one another
. A quasi contract is created by a judge to correct a circumstance in which one party acquires something at the expense of the other party, and it is not a traditional contract
. Key aspects of a quasi contract include:
- Mutual assent : Since a quasi contract is not a true contract, mutual assent is not necessary. A court may impose an obligation without regard to the intent of the parties
- Restitution or recovery : When a party sues for damages under a quasi-contract, the remedy is typically restitution or recovery under a theory of quantum meruit. Liability is determined on a case-by-case basis
- Example : An example of a quasi contract might be if Person A offers to pay Person B to help them move to a new apartment, and Person B accepts the offer. However, if Person A later refuses to pay, Person B can sue under a quasi contract, and the court may order Person A to pay the agreed-upon amount
Quasi contracts can be more difficult and time-consuming to prove compared to traditional contracts, as they are based on the specific circumstances of each case
