Wednesday, January 6, 2016

Quasi Contract

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Contract is formulated on the basis of free consent of its parties. It is basic and general rule in the realm of contract but there are some exceptional situation under which even in absence of free consent or even in lacking of knowledge, a person becomes responsible to perform certain work pursuant to law as a contractual liability. Law imposes contractual liability to the person in certain circumstances for preventing the victim party and its is accepted as in indirect or quasi contract. It is also one of the issue to be discussed under concept of contract.

Meaning and Definition of Quasi Contract

The term refers the meaning almost but not quite. It means resembling somebody or something in some ways, but not exactly the same. The same meaning is true when the term is used with contract. A contract is the result of an agreement that is enforceable by law. But in certain cases a contract or contractual liability is created without any essential elements of valid contract, it is called a Quasi contract. It is creation of law. It does  not satisfy all the necessary elements of contract, therefore, it is quasi but it creates contractual liability, therefore, it is contract. In other words under certain special circumstances obligations resembling those created by a contract are imposed by law although the parties have never entered into a contract. Such obligation imposed by law is referred to quasi-contract. It is known as constructive contract under the English law, and as certain relations resembling those created by law under Indian law. A quasi-contract is based the Roman Maxim nemo debt locuplatari ex liena justua, which means no man must grow rich, out of another person’s costs. It means it rests upon the equitable doctrine of unjust enrichment, which declares that a person shall not be allowed to enrich himself at the expenses of another person.

2 comments:

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