Quasi contract
PABAK
(Querist) 01 December 2011
This query is : Resolved
what is a quasi contract? which sections are related with this term of indian contract act,1872...plz give details...
ajay sethi
(Expert) 01 December 2011
A quasi contract is a contract that exists by order of a court, not by agreement of the parties. Courts create quasi contracts to avoid the unjust enrichment of a party in a dispute over payment for a good or service. In some cases a party who has suffered a loss in a business relationship may not be able to recover for the loss without evidence of a contract or some legally recognized agreement. To avoid this unjust result, courts create a fictitious agreement where no legally enforceable agreement exists.
Read more: Quasi Contract - Implied, Contracts, Agreement, and Courts - JRank Articles http://law.jrank.org/pages/9603/Quasi-Contract.html#ixzz1fGwZFg28
prabhakar singh
(Expert) 01 December 2011
Quasi Contracts - ‘Quasi’ means ‘almost’ or ‘apparently but not really’ or ‘as if it were’.
By definition a quasi contract is examined to exist or not by a court after determination of an obligation of one party to another where no actual contract exists.
It is based on the parties' conduct, mutual relationship, and/or on the possibility that one would be unjustly enriched at the expense of the other. In strict legal terms a quasi contract does not constitute a formal contract, but is a legal remedy that allows a plaintiff to recover an award or benefit conferred on the defendant.
This term is used when one subject resembles another in certain characteristics but there are intrinsic differences between the two. ‘Quasi contract’ is not a ‘contract’. It is an obligation which law created in absence of any agreement. It is based on equity. There are certain relations resembling those created by contract. These are termed as ‘quasi contracts’. These are – (a) Supply of necessaries (section 68) (b) Payment of lawful dues by interested person (section 69) (c) Person enjoying benefit of a gratuitous act (section 70) (d) Finder of goods (section 71) (d) Goods or anything delivered by mistake or coercion (section 72).
ajay sethi
(Expert) 01 December 2011
section 68 to 72 of contract act
Sankaranarayanan
(Expert) 01 December 2011
nothing more detail to explain, all details already explained by mr prabhakar sigh and sethi.
Rajeev Kumar
(Expert) 01 December 2011
No room left to define quasi contract and its applicability where our learned patron and guardian Prabhakar sir has already replied the query
Shailesh Kumar Shah
(Expert) 05 December 2011
yes, no further addition needed after detailed replied of Shri Prabhakar Singh.
