What Are the Two Keys to a Quasi-Contract
Written by alianca on 1 de março de 2022
A quasi-contract, also known as an implied-in-law contract, is a legal concept used to describe a situation where two parties do not have a written agreement or contract, but still have some sort of obligation to each other that is recognized by the law. This type of contract can arise in various situations, such as when one party benefits from the actions of another party, but did not explicitly request or agree to those actions.
When it comes to quasi-contracts, there are two main keys that are essential in order for the contract to be valid and enforceable:
1. Benefit Received: The first key to a quasi-contract is that one party must have received a benefit from the actions of the other party. This benefit can come in many forms, such as goods, services, or money. However, in order for there to be a quasi-contract, the party receiving the benefit must not have requested or agreed to the actions that led to the benefit.
For example, if a neighbor mows your lawn without your knowledge or request and you later find out and use their services, then a quasi-contract could arise. This is because you received a benefit (a mowed lawn) that you did not request and which you have now benefited from.
2. Unjust Enrichment: The second key to a quasi-contract is the concept of unjust enrichment. This refers to a situation where one party has received a benefit from another party, but it would be unfair for them to keep that benefit without compensating the other party in some way.
For example, if a plumber fixes a leak in your home without your request or agreement, and you later benefit from the repair work, it would be unfair for you to keep that benefit without compensating the plumber for their work.
In conclusion, the two keys to a quasi-contract are benefit received and unjust enrichment. If both of these elements are present, then a quasi-contract may arise. It is important to note that quasi-contracts are not the same as actual contracts, but they can still be enforced by the courts in certain situations. If you find yourself in a situation where a quasi-contract may be in play, it is always best to consult with a legal professional for guidance.
