QUASI-CONTRACTS

  1. Definition.

    A quasi contract may be defined as a contract implied in law, or in the nature of a contract. It is a legal obligation resulting from some direct or indirect benefit accruing to one party from the other. Even without any express agreement on the part of the first party, the law compels him or her to pay. For example:

  2. One who has reason to believe that payment for goods tendered is expected must not accept them unless he intends to pay for them. If he accepts the goods, he can be compelled to pay for them.

  3. A man employed under the promise of good wages or division of profits is entitled to fair treatment, even though such an arrangement is no contract at all.

  4. Money paid on an illegal contract, or on one which is void because of nonexistence of the property, may be recovered.

  5. If an express company delivers valuable goods to the wrong party, the company can recover from the person who wrongfully accepted them.

  6. If, on account of a mistake, one pays a grocery bill twice for the same period, he can recover.

  7. Action to recover can be brought against one who sells property that is not the seller's, or that proves to be worthless.

  8. Liability is imposed regardless of consent, as distinguished from a contract implied in fact, which is an actual contract, and based on presumed intent or consent. All these questions hinge on the presence or absence of consideration in the agreement.

SEE CONTRACTS.

 

© 2004 Linda Williams. All rights reserved.