Quasi contract (or quasi-contract)

Definition

An obligation imposed by law to prevent unjust enrichment.  Also called a contract implied in law or a constructive contract, a quasi contract may be presumed by a court in the absence of a true 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, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is typically restitution or recovery under a theory of 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

 

Keywords: