Common Law Heritage Defendants Right To Appeal Functions Of Law Infancy Insanity Intoxication Legal Analysis Litigation Pretrial Motions Judicial Interpretation Common Law Legal Research Validation Third Party Rights Client File Management Roles Of Paralegals In Adr Classification Of The Law
The Quasi Contract also identified as the implied in law contract is a bias obligation created by the court system. Under contract law, different from other contracts formed between two individual parties, a quasi contract is deemed appropriate by the regulations of the government. It is part of a contract law set in practice, to ensure justice in unwarranted circumstances. For this and other distinct reasons quasi contracts are completely opposite to more standard contracts. These types of contracts are normally used to settle goods and services disputes to rule out who would be responsible for damages.
In contract law, there are clear distinctions between the quasi contract and other standard contracts. The primary one being that it is something that is understood just by law, without considering a debate from either party. It can be considered as a contract derived after a occurrence that is totally based on fact. In standard contracts both parties agree on the terms and conditions. With a Quasi Contract one party does not have to agree to, nor be previously aware of the bounded agreement once entering a transaction with another party.
Under this section of the contract law, a court comes up with a solution to the matter between parties without requiring any defenses. The Quasi Contract was set into practice to protect parties who may encounter a bad business transaction and cannot recover losses under normal circumstances. Usually in order for a party to be liable for a business transaction a contract must be present to provide proof that a actual agreement took place allowing them the right of recovery in the event the deal goes wrong.
The Quasi contract is also known as the implied in law contract which is the direct opposite of the implied in fact contract. Under this section of contract law, even though a judge will base their decision off fact in a quasi contract, the implied fact is understood as a unwritten agreement between two parties.
Court systems treat this non verbal agreement as a expressed written contract since both parties gave their consent. In a quasi contract one party usually feels like there is no reason for a dispute over the conditions of business, which is why the court steps in for fair ruling.
There are many contracts that exist today within business transactions. Most contracts contain a offer and acceptance agreement where a all parties agree to the terms and conditions of service. The Quasi contract is different from all other contracts since it is within the discretion of the court system to decide what is just.
NEXT: What is Contract Interpretation?