A quasi contract is an implied contract created in court in the event that a formal contract was not originally set forth between two parties. It is a legally enforceable contract that is implemented to avoid jeopardizing a party’s legal equity.
Example of a Quasi Contract
A shipped/delivered pre paid package containing jewelry items for example that was mistakenly shipped to an incorrect destination. The individual(s) who received the wrongful package decides to keep the package for themselves, despite knowing this belongs to a different party. If such an outcome were discovered, a court may in fact demand and order the wrong party to be held liable and make them reimburse the original party the package was originally intended for. Such a contract is designed specifically for certain instances, and is intended to put a halt onto any wrong doing, including theft, and any form of fraud being committed, which in essence would be regarded as beneficial for the wrong party, and detrimental for the other.
Origin of the Quasi Contract
Such a contract as this can be traced back to medieval times deriving from a law during that era known as “Indebitatus assumpsit.” The law back in those times insured and implemented that such agreements would be honored and obeyed irrespective of if another party gets involved.
List of all major major requirements
Accuser/plaintiff has to prove why the defendant should be held liable and compensate for property which belonged to the plaintiff.
The plaintiff delivered service(s) and/or gave property to the defendant, while mutually acknowledging they would get some form of sum in return.
Defendant acknowledged they would repay, yet did not deliver.
Quasi Contract & Unjust Enrichment
The term Unjust Enrichment is often times regarded as both a synonym and extension regarding the legal process revolving around a Quasi Contract’s rules and regulations. The meaning is quite straight forward as it states that even if an individual mistakenly received an item, benefited merely by accident, that person must nevertheless still be held responsible and pay for property which was not intended for their use.
For one to be accused of having been unjustly enriched, it would have to be proven that the party knowingly avoided payment for an item/property which did not belong to them in the first place.
In order to further prove Unjust Enrichment in relation to the topic of a Quasi Contract, the plaintiff must prove the following key components.
Plaintiff suffered a loss as a result of the defendants failure to reimburse.
Defendant was indeed enriched.
Such enrichment is morally and ethically wrong.
Is the Process of a Quasi Contract Worth your Time?
A Quasi Contract may come off as both vague and outdated for some legal opponents, due to the skepticism surrounding this contract as lacking a well drafted documented just agreement rather. Being able to prove and track the party accused of any wrong doing in such a scenario as this, will certainly be no easy task,as it can very well be time consuming, and may result in having to pay legal fees, in the case an accuser chooses to consult with an attorney.