Quasi Contract by CS Manpreet

QUASI CONTRACT: WHAT IT IS?
The term 'Quasi' means 'as if or similar to'. A quasi-contract is similar to a contract. Just like a contract it
also creates legal obligations. But the legal obligations created by quasi contract do not rest on any
agreement but are imposed by Jaw. It is therefore, contractual in law, but not in fact.
QUASI CONTRACT: JUST LIKE CONTRACT (Law created the Contract)
A Quasi Contract can be defined as a fictional contractual obligation created by law, in certain
circumstances. (In the absence any mutual agreement between the parties.)
In reality it is not a contract since the essential elements of contract like offer and acceptance, lawful
consideration etc. are not present. It is an obligation which the law creates in the absence of any agreement,
when the acts of the parties or others have placed in the possession of one person, money or its equivalent,
under such circumstances that in equity and good conscience he ought not retain it, and which ex aqeuqo bono (in justice and fairness) belongs to another Quasi contract is fictitiously deemed contractual, in order to fit the cause of the action to the contractual remedy.
The Indian Contract Act describes quasi contract as 'certain relations resembling those created by
contracts'.
BASIS OF QUASI CONTRACT
Quasi contracts are based on principles of equity, justice and good conscience. They aim at prevention of
"unjust enrichment" i.e. no man shall be allowed to enrich himself at the cost of another.
Another theory regarding the judicial basis of such contract is that it is implied, notional or fictional
contract imputed by law out of equitable considerations.
The salient features of quasi-contractual right are as follows:
(a) Such a right is always a right to money, and generally, though not always, to a liquidated sum of
money,
(b) It does not arise from any agreement of the parties concerned, but is imposed by the law,
(c) It is a right which is available not against all the world, but against a particular person or person only,
so that in this respect it resembles a contractual right, &
(d) Damages can be claimed for breach of quasi-contractual right.
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