A Quasi Contract Arises From A Mutual Agreement Between Two Or More Parties

This may be because the law means that these types of obligations are very different from actual contracts and should not be called quasi-contracts. It is the law that obliges parties that are excessively favoured to compensate the other party according to the principle of fair justice. The basis of quasi-treaties is the principles of equality, justice and good conscience, which require that no one use unfairly to the detriment of others. This is called the principle of unjustified enrichment. “Such responsibility is difficult to classify. Since it is partly similar to the obligations arising from the right of infringement and partly to the contract, since it is due only to one party and not to a person or individual in general. That is why it is an implicit treaty, even natural justice and justice, in order to avoid unjustified enrichment.¬†One of them turns to a doctor for treatment. There is a consensus between A and the doctor on this point. As A expects treatment from the doctor, A`s doctor expects payment for his benefits. This is an example of an implied contract in which the conduct of the parties suggested mutual agreement. But in a quasi-contract (as in the example above), the parties to the dispute did not even know each other.

So there is no question of consent between them. A classic quasi-agreement can result from the delivery of a pizza to the wrong address, that is, not to the person who paid for it. If the person at the wrong address does not make the mistake and keeps the pizza instead, it could be seen that he has accepted the food and is therefore forced to pay for it. A court could then decide to establish a quasi-contract requiring the recipient of the pizza to reimburse the costs of the food to the party who bought it or to the pizzeria if he then delivered a second cake to the buyer. Restitution, ordered under the quasi-treaty, is aimed at finding a fair solution to the situation. Each contract has two essential characteristics, i.e. agreement and obligation. An agreement is reached when one Party submits a proposal and the proposal is accepted by the other Party.

The obligation comes into play when the law requires it on the parties, but is linked to the agreement between the parties. Therefore, a contract is a legally enforceable agreement. A quasi-contract is a court document that aims to prevent one party from profiting from an unfair amount at the expense of another party, when there is no contract between them. . . .

Pin It on Pinterest

Share This