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The Curious Bag
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Used in civil law, a quasi contract is a contract ordered by the court. It is not agreed upon by the two interested parties. Courts create quasi contracts to settle disputes over payment for goods or services, ensuring that one party doesn't take unfair advantage of the other.
Facts
The term quasi is Latin for "as if." Quasi contracts, while not official contracts, bind the parties as if they were normal contracts. Courts create quasi contracts under the doctrine of quantum meruit, which is Latin for "as much as is deserved."
Features
The two involved partied don't have to give consent to the agreement. The court bases the quasi contract on the facts of the dispute.
Function
Quasi contracts, sometimes known as implied-in-law contracts, exist to prevent the unjust enrichment of one party over another. The court creates the quasi contract to substitute for a nonexistent legally enforceable contract.
Types
There are five classes of quasi contracts: negotiorum gestio, which has one party acting as a representative for another; tutorship or guardianship; management of common property; aditio hereditatis, which is when the heirs are bound to pay the debts of the deceased; and indebiti solutio, which entitles a person to recover payment made to someone to whom it was not due.
Considerations
Courts have no power to impose quasi contract claims against the federal government.
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