INDORE INSTITUTE OF LAW

{AFFILATED BY D.A.V.V AND B.C.I NEW DELHI }

SUBJECT : CONTRACT
TOPIC : QUASI CONTRACT

PRESENTED BY : RASHMI SHARMA

 A quasi contract is an agreement between two parties
without previous obligations to one another that has been
created and legally recognized by the court system. under a
quasi-contract, neither involved party is expected to create
such an agreement; this contract is arranged and imposed
by a judge to correct a circumstance in which one party
acquires something at the expense of the other party.
BREAKING DOWN 'Quasi Contract'
For example, consider a pizza that is delivered to the
wrong address. The pizza has already been paid for. If
the individual does not correct the delivery man and
instead keeps the pizza, the court system could issue a
quasi contract that would require the individual to pay
back the amount of the pizza to the party that paid for
the pizza. The contract is used to prevent any party
from benefiting from the situation at the other party's
expense; the restitution required under the contract is
to make the situation fair.
The History of Quasi Contracts
Under common law jurisdictions, quasi contracts can be
followed back to the Middle Ages under a form of action
known as indebitatus assumpsit. This law saw that the
plaintiff in a case received a sum of money from the
defendant, as dictated by the courts, as if the defendant
had agreed to pay the plaintiff. Indebitatus assumpsit was
the courts' way to make one party pay the other as if a
contract or agreement already existed between the two
parties the defendants promise or agreement to be
bound by the contract requiring reparations was implied by
law. At the very beginning of the quasi contract's use, it was
typically imposed in order to enforce restitution
obligations.
Requirements
Certain aspects must be in place for a judge to issue a quasi contract.
One party the plaintiff must have given a tangible item or a service
to another party the defendant with an expectation/implication
that payment would be given. The defendant must have accepted or
acknowledged receipt of the valuable thing but did not make any effort
or offer to pay. Then, the plaintiff must express why it would be unjust
for the defendant to receive the thing of value without paying for it, so
the defendant received unjust enrichment.Considering the example
above, the individual that ordered the pizza and paid for it would have
every right to demand payment from the individual who actually
received the pizza; the first individual is the plaintiff, the latter is the
defendant. A quasi contract, also known as an implied contract, would
be handed down, requiring the defendant to pay restitution to the
plaintiff. The restitution known as quantum meruit is calculated by
the amount or the extent to which the defendant was unjustly
enriched.
The national petroleum company
vs. popatlal mulji on 11 march
1936
In that view of the matter it is not strictly necessary to
consier the first question but as it has been argued and
as there is considerable conflict of authority on the
point I think it desirable to deal with ihe matter the
question really is whether where a and b enter into a
contract under which A agrees to indemify b against
all his debts
Quasi contract and legal definition
Quasi contract is a binding obligation that is imposed
by the court to avoid injustice or unjust enrichment
An implied in law contract imposed by the court to
prevent injustice
A special form of contract that lacksc mutual assent of
the parties but which is imposed on the paries by the
court to avoid injustice .