quasicontracts

Quasicontracts are a principle in contract law under which a court imposes an obligation to prevent unjust enrichment, even though no contract exists between the parties. They are often described as implied-in-law contracts, created by the law rather than by the parties’ agreements. This distinguishes them from implied-in-fact contracts, which arise from the parties’ conduct reflecting a mutual intention to contract.

The core idea is restitution: when one party benefits at the expense of another and there is no legally enforceable contract governing the relationship, the beneficiary may owe compensation to prevent unjust enrichment. To recover under a quasi-contract, a plaintiff typically must show that the defendant obtained or retained a benefit, that retaining the benefit without paying would be unjust, and that there was no contract covering the matter. The remedy is usually restitution or payment of the reasonable value of the benefit conferred, commonly described as quantum meruit. The focus is on preventing enrichment rather than enforcing a promise.

Quasi-contractual situations arise in several contexts, including mistaken or improper payments, emergency or necessity situations where services are furnished to someone unable to consent, and cases involving misdelivery or receipt of benefits without an agreed price. The precise rule can vary by jurisdiction, but the governing principle remains: recovery is available to prevent unjust enrichment when no contract controls the dispute.