Quasi contract (or quasi-contract)

Definition

An obligation imposed by law to prevent [wex:unjust enrichment].  Also called a [wex:contract implied in law] or a [wex:constructive contract], a quasi contract may be presumed by a court in the absence of a true [wex:contract], but not where a contract—either express or implied in fact—covering the same subject matter already exists.

Because a quasi contract is not a true contract, [wex:mutual assent] is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is typically [wex:restitution] or recovery under a theory of [wex:quantum meruit]. Liability is determined on a case-by-case basis.

Illustrative caselaw

See, e.g. Clay v. Independent School Dist. No. 1 of Tulsa County, 935 P.2d 294 (Okl. 1997).

See also

  • [wex:Quasi]

 

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