Quasi Contract in English Law: Understanding the Basics

In English law, a quasi contract is a legal concept that describes an agreement created by law to ensure fairness and justice between parties, even when there is no actual contract in place. This type of contractual relationship is also known as an implied-in-law contract.

Quasi contracts exist to address situations where one party has received a benefit at the expense of another, without a formal agreement in place. This can happen, for example, when someone provides goods or services to another party without a prior agreement on payment or compensation. In such a case, the law may intervene to create a quasi contract that obligates the beneficiary to compensate the provider for the benefit received.

The main feature of quasi contracts is that they are not based on the voluntary consent of the parties involved. Instead, the law imposes an obligation on the party who has received a benefit to compensate the other party for the value of the benefit received. This obligation is based on the principle of unjust enrichment, which holds that no one should be allowed to profit from another`s loss or expense without paying for it in some way.

Quasi contracts are often used to resolve disputes over payment for work done, services provided, or goods delivered. For example, if a builder completes work on a property that was not covered by an actual contract, the law may create a quasi contract that requires the property owner to pay for the value of the builder`s work.

There are several key elements that must be present for a quasi contract to be valid:

1. There must be some benefit conferred by one party on another.

2. The benefit must have been accepted or used by the recipient.

3. The recipient must have known or should have known that the benefit was not intended as a gift or offered for free.

4. The recipient must have retained the benefit and would be unjustly enriched if they were not required to compensate the provider.

If all these conditions are met, a quasi contract can be deemed to exist and the recipient can be held liable for the value of the benefit received.

In summary, a quasi contract is a legal concept used in English law to provide a remedy for situations where one party has received a benefit at the expense of another without an actual contract in place. This type of contractual relationship is created by law to ensure fairness and justice between parties and is based on the principle of unjust enrichment. Understanding the basics of quasi contracts can help you navigate disputes related to payment and compensation, and ensure that your legal rights are protected.