Quasi Contract
Quasi-Contract
A quasi-contract is a legal relationship that arises from the creation of a certain expectation, even though a formal contract is not expressly formed. It is essentially a situation where one party makes a promise or takes an action that creates a duty of performance, even though there is no intention to form a full-blown contract.
Elements of a Quasi-Contract:
- Expectation: There must be an expectation of promise or performance.
- Promise or Action: The promisor must make a promise or take an action that creates a duty.
- Duty of Performance: The promisor must fulfill the promise or perform the action.
- Breach: If the promisor fails to fulfill the promise or action, there can be a breach of the quasi-contract.
Examples of Quasi-Contracts:
- Express promises: Promises made in response to a request, such as promises to pay a debt or perform a service.
- Implied promises: Promises that arise from the actions of the parties, even though they are not expressly stated. For example, a landlord’s implied promise to maintain the property in habitable condition.
- Statutory duties: Duties created by law, such as the duty of a manufacturer to ensure the safety of its products.
Legal Remedies:
If a promisor breaches a quasi-contract, the injured party can sue for breach of contract, negligence, or other appropriate legal remedies.
Distinction from Contracts:
Unlike contracts, which are formed intentionally between two parties, quasi-contracts are created unintentionally. They arise from the particular circumstances of the case, rather than the mutual consent of the parties.
Additional Notes:
- Quasi-contracts are not necessarily binding on all parties.
- The law of quasi-contracts varies by jurisdiction.
- The remedies for breach of a quasi-contract may be limited.
