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What is a quasi contract? |
According to Black’s Law Dictionary, a Quasi Contract is a legal fiction invented by common law courts to permit the recovery by a contractual remedy in cases where, in fact, there is no contract, but where circumstances are such that justice warrants a recovery as though there had been a promise. It is not based upon intention or consent of the parties, but is founded on considerations of justice and equity, and on the doctrine of unjust enrichment. It is not in fact a contract, but an obligation that the law creates in absence of any agreement, when and because 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 should not retain. It is what was formally known as the contract implied in law; it has no reference to the intentions or expressions of the parties. |
This is not a substitute
for legal advice. An
attorney must be consulted.
Copyright © 1994 - 2015 by LAWCHEK, LTD.
This is not a substitute for legal advice. An attorney must be consulted.
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