Questions and Answers
List the elements of a quasi contract.
- The party has conferred a benefit on the other party. 2. The party conferred the benefit with the reasonable expectation of being paid. 3. The party receiving the benefit would be unjustly enriched if allowed to retain the benefit without paying for it.
What is a quasi contract?
Quasi contracts, also called implied by law, are not actual contracts formed by the words or actions of the parties. They are imposed to avoid unjust enrichment of any party at the expense of another.
What are the limitations on quasi contracts?
Negligence
What is the measure of damages if a plaintiff establishes a quasi contract?
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When will a plaintiff employ the theory of quasi contract?
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Study Notes
Quasi Contracts Overview
- Quasi contracts are legal constructs imposed to prevent unjust enrichment, differing from traditional contracts that arise from mutual agreement.
- Known as “implied by law,” these contracts do not stem from the explicit consent or actions of the involved parties.
Elements of a Quasi Contract
- Benefit has been conferred by one party to another.
- The benefit was conferred with an expectation of payment.
- Retaining the benefit without compensation would lead to unjust enrichment of the recipient.
Limitations of Quasi Contracts
- Instances of negligence may limit the ability to enforce quasi contracts, as they relate to standards of care and liability.
Measure of Damages
- In cases where a quasi contract is established, a plaintiff can recover under the principle of quantum meruit, which compensates for the fair value of the benefit provided.
Usage of Quasi Contract Theory
- Plaintiffs resort to quasi contract theory when no actual contract exists but a benefit was rendered with the expectation of remuneration.
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Test your understanding of quasi contracts with these flashcards. Learn the key elements and definitions of quasi contracts and how they operate within the legal framework. Perfect for law students looking to reinforce their knowledge.
