What is a "quasi-contract"? What are some examples?

What is a Quasi-Contract?

A quasi-contract, also known as a contract implied in law, is a legal obligation imposed by a court to prevent unjust enrichment. It arises when one party benefits at the expense of another without a formal agreement. Unlike traditional contracts, quasi-contracts do not require mutual consent or explicit agreement. They are judicially created to ensure fairness and equity in situations where goods or services have been provided without prior agreement135.

Key Elements of a Quasi-Contract

For a quasi-contract to be established, the following elements must be present:

• Unjust Enrichment: One party must have been enriched at the expense of another.
• Awareness and Acceptance: The enriched party must be aware of and have accepted the benefit.
• Expectation of Compensation: The party providing the goods or services must have expected to be compensated.
• Inequity: It must be inequitable for the enriched party to retain the benefit without payment13.

Examples of Quasi-Contracts

1. Hair Salon Services: A client receives a full service haircut, wash, and highlights instead of the requested trim. The client refuses to pay, claiming only a trim was requested. A quasi-contract might be imposed to ensure the client pays for the services received1.

2. Moving Assistance: Person A agrees verbally to pay Person B $100 to help with a move. Person B shows up but is told they are not needed. If Person B files a suit, a quasi-contract might be established to compensate them for their lost opportunity2.

3. Roofing Services: A roofing company fixes a leak while performing a specific task for a school district. If the district only pays for the initial task, the roofing company might seek restitution through a quasi-contract for the additional work4.

4. Overpayment: If someone receives an overpayment without a formal agreement, they are obligated to return the excess amount to prevent unjust enrichment5.