Contract vs. Quasi Contract: What's the Difference?
Edited by Aimie Carlson || By Harlon Moss || Published on March 2, 2024
A contract is a legally binding agreement between parties with mutual consent, whereas a quasi contract is a legal obligation imposed by law in the absence of an agreement to prevent unjust enrichment.
Key Differences
A contract is a formal agreement between two or more parties, typically involving a mutual exchange of promises that is legally enforceable. In contrast, a quasi contract is not a real contract but a legal construct that courts impose to produce equitable results in certain situations where no actual contract exists.
Contracts require elements like offer, acceptance, intention to create legal relations, and consideration to be valid. Quasi contracts, however, are formed not through the consent of parties but by law to avoid unjust enrichment of one party at the expense of another.
In a contract, parties have the freedom to determine the terms and conditions mutually agreed upon. In the case of a quasi contract, the terms are imposed by law and are based on the principle of equity and fairness, not on the parties’ agreement.
Contracts are based on the parties' intentions and can be oral or written, whereas quasi contracts are strictly judicial constructs, never agreed upon but imposed to prevent injustice.
Breach of a contract results in remedies such as damages, specific performance, or rescission based on the terms of the contract. However, under a quasi contract, the remedy typically involves restitution or compensation for the value of benefits unjustly received.
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Comparison Chart
Formation
Mutual consent and agreement
Imposed by law in absence of agreement
Legal Basis
Agreement and intention to create legal relations
Equity and prevention of unjust enrichment
Terms and Conditions
Defined by the parties
Imposed by law based on fairness
Nature
Real and intentional
Constructive and imposed
Remedies for Breach
Based on contract terms
Typically involves restitution
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Contract and Quasi Contract Definitions
Contract
Contract refers to a binding arrangement with specific terms and conditions.
Her employment contract outlined the salary and job responsibilities.
Quasi Contract
A quasi contract is a legal obligation imposed to prevent unjust enrichment where no actual contract exists.
The court imposed a quasi contract to reimburse him for the emergency repairs he paid for.
Contract
In legal terms, a contract is a mutual agreement with obligations and rights.
The contract included a clause for early termination by either party.
Quasi Contract
In legal terms, a quasi contract is a judicial remedy to correct situations where one party benefits at the expense of another.
The quasi contract required payment for the benefit received, despite no original agreement.
Contract
A contract is a legally enforceable agreement between two or more parties.
They signed a contract to complete the construction project within a year.
Quasi Contract
Quasi contract refers to a situation where the law requires one party to compensate another.
In a quasi contract, she was compensated for the services provided, although no formal agreement was made.
Contract
A contract is a formal understanding enforceable by law.
The lease contract specified the rent and duration of tenancy.
Quasi Contract
A quasi contract is an implied contract that a court can enforce to ensure fairness.
The court created a quasi contract to ensure fair payment for the delivered goods.
Contract
Contract, in business, means a written or spoken agreement, especially one concerning employment, sales, or tenancy.
The service contract guaranteed regular maintenance of the equipment.
Quasi Contract
Quasi contract, in law, implies an obligation similar to that of a contract, imposed by law to achieve equity.
Under the quasi contract, he was obligated to pay for the unintended benefits he received.
Contract
An agreement between two or more parties, especially one that is written and enforceable by law.
Quasi Contract
(legal) An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties.
FAQs
What is a contract?
A contract is a legally binding agreement between two or more parties.
Is a quasi contract voluntary?
No, quasi contracts are imposed by law, not agreed upon by parties.
What are the elements of a contract?
Elements include offer, acceptance, consideration, and mutual consent.
Are contracts voluntary?
Yes, contracts are based on the voluntary agreement of the parties.
What is a quasi contract?
A quasi contract is a legal obligation imposed by a court to prevent unjust enrichment.
How is a quasi contract formed?
A quasi contract is formed by a court when there's no actual contract to address injustice.
What is the purpose of a contract?
The purpose is to create a binding agreement with specific terms and obligations.
Are quasi contracts ever written or oral agreements?
No, quasi contracts are not based on any agreement; they are imposed by law.
What remedy is provided in a quasi contract?
The remedy usually involves restitution or compensation.
Can a quasi contract be contested?
Yes, the terms or existence of a quasi contract can be challenged in court.
What is the purpose of a quasi contract?
The purpose is to prevent unjust enrichment and ensure fairness.
Can a contract be voided?
Yes, contracts can be voided if they lack any essential element or are illegal.
Is a quasi contract always just?
A quasi contract is intended to be just, as it is created to prevent unfair situations.
Do contracts require consideration?
Yes, consideration is a key element in forming a valid contract.
Can contracts be oral?
Yes, contracts can be either oral or written.
Is consideration required in a quasi contract?
No, consideration is not required as quasi contracts are not actual agreements.
Can anyone enter into a contract?
Generally, yes, but parties must have the legal capacity to do so.
Is a contract always fair?
Not necessarily; contracts can be unfair, but they are binding if they meet legal requirements.
Who can be involved in a quasi contract?
Any party that the court finds has received unjust enrichment can be involved.
What happens if a contract is breached?
The aggrieved party can seek legal remedies such as damages or specific performance.
About Author
Written by
Harlon MossHarlon is a seasoned quality moderator and accomplished content writer for Difference Wiki. An alumnus of the prestigious University of California, he earned his degree in Computer Science. Leveraging his academic background, Harlon brings a meticulous and informed perspective to his work, ensuring content accuracy and excellence.
Edited by
Aimie CarlsonAimie Carlson, holding a master's degree in English literature, is a fervent English language enthusiast. She lends her writing talents to Difference Wiki, a prominent website that specializes in comparisons, offering readers insightful analyses that both captivate and inform.
