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Quasi Contract

Candlefocus Editor
A quasi-contract is a legal contract or obligation that is created and enforced by a court. It is not actually a contract in and of itself, but rather an agreement forced onto parties to avoid an unjust or unfair outcome. It is also known as a “constructive contract” because it is implied through the conduct of the parties and the circumstances.

Unlike an actual contract, there is no legal promise made by either of the two parties involved in a quasi contract. It is a legal remedy used by a court system to ensure that the action taken by one party does not create an economic advantage to that party at the expense of another. In some cases, this remedy is seen as a way to avoid unjust enrichment, a legal principle that seeks to prevent one party from unjustly profiting at the expense of the other.

One of the primary requirements for a quasi-contract to be enforceable is that one party must provide goods or services to the other without notification or expectation of remuneration. This means that the goods or services must be provided without any prior agreement between the two parties, and with full knowledge that the provider of goods or services may not be receiving any remuneration. In other words, one party must provide a service or item to the other which the latter does not have a contract agreeing to pay for. The courts then step in and create a quasi-contract, for the purpose of restoring the economic balance.

For example, if a landscaper mows a homeowner's lawn and the homeowner does not pay for the services, the court may force the homeowner to pay the landscaper for his services. In this situation, the court creates a quasi-contract to ensure the landscaper is not unjustly deprived of payment for services rendered.

There are also situations where a quasi-contract may be used in order to prevent one party from dictating or taking advantage of the other. For instance, if an employer terminates an employee without providing sufficient notice, the court can create a quasi-contract awarding the employee a specified sum of money in order to make them whole.

In conclusion, a quasi-contract is a legal remedy used by a court to prevent unjust enrichment or taking advantage of one party by the other. Although the quasi-contract does not involve the parties making any legal promise or agreement, the court steps in to award the injured party with a specified sum of money to restore the economic balance.

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