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contracts

Quasi

Definition

Latin for "as if." Commonly used as a prefix to show that one thing resembles, but is not actually, another thing. For example, a quasi-contract resembles, but is not actually, a contract.

Illustrative caselaw

See, e.g. Humphrey's Ex'r v. United States, 295 U.S. 602 (1935).

See also

extrinsic evidence

Evidence that relates to a contract, but is not contained within the document itself (for example, circumstances surrounding the negotiations of the contract).  This evidence is not admissible unless there is an ambiguity in the contract.  See: parol evidence rule.

Promisor

A person who makes a promise. Compare with promisee.

Promisee

A person to whom a promise is made. Compare with promisor.

Quantum meruit

Definition

Latin for "as much as he has deserved."  An equitable remedy that provides restitution for unjust enrichmentDamages awarded in an amount considered reasonable to compensate a person who has provided services in a quasi-contractual relationship.  See quasi-contract.

A claim in quantum meruit is usually an action to recover the reasonable value of services rendered by one party to another.

Contra proferentem

A Latin term used in contract law referring to the principle that a judge willl construe an ambiguous term against the party that imposed the inclusion of the term in the contract during negotiation or drafting.

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