Quasi Contract Short Note
2022年10月25日
A Quasi Contract Short Note: Key Points to Know
A Quasi Contract, also known as an implied-in-law contract, is a legal concept that allows one party to seek relief or compensation from another party without a written or verbal contract. It is used when there is no formal agreement between the parties, but one has benefitted from the other`s actions or goods without paying for it.
The principles of a Quasi Contract are based on the idea of fairness and justice. It is believed that it is unfair for one party to gain an unjust enrichment at the expense of another without paying for it. As a result, a court may impose a legal obligation on the benefiting party to pay a reasonable amount of compensation to the other party.
The most typical example of a Quasi Contract is the situation where an individual is injured in an accident and is taken to a hospital without their consent. Even though there was no prior agreement between the hospital and the patient, the hospital would be required to provide medical care under the principles of a Quasi Contract. This is because the hospital benefitted from the treatment provided to the patient.
Another example could be the situation where a contractor performs work on a property that they have mistaken to be their client`s. Even though there was no formal agreement between the contractor and the property owner, the contractor would still be entitled to some payment for the work they have done on the property.
One of the most important principles of a Quasi Contract is that the benefiting party should have had the opportunity to decline the benefits of the contract. This means that the party who benefitted from the actions or goods of the other party without paying for it should have had the choice to avoid the benefits if they so wished.
In conclusion, a Quasi Contract is a legal concept that allows for the protection of parties who have been wrongly enriched at the expense of others. It is based on the principles of fairness and justice and is typically used in situations where there is no formal agreement between the parties. Understanding this concept can help you protect yourself from unjust enrichment and ensure that you are not taken advantage of unfairly.