In the realm of contract law, there are different types of agreements that may be formed between two parties. Two common types of contracts are express contracts and implied contracts. However, there is another type of contract that falls in between these two categories, known as a quasi contract. The question often arises whether or not a quasi contract is an implied contract. In this article, we will explore the differences between these two types of contracts and discuss whether a quasi contract can be considered an implied contract.
Express contracts are those that are formed when the parties involved explicitly state the terms of their agreement. This may be done through a written document or verbal agreement. In an express contract, there is a clear intention to form a contractual relationship between the parties.
On the other hand, implied contracts are formed when the parties do not explicitly state the terms of their agreement, but their conduct and actions imply that a contractual relationship exists. For example, if you hire a plumber to fix a leak in your sink, an implied contract is formed when the plumber performs the repair and you pay for the services rendered. The fact that the plumber performed the repair and you paid for the services implies that there was a contractual relationship established.
A quasi contract is a type of contract that is imposed by a court or law in the absence of an express or implied agreement between the parties. Quasi contracts are also referred to as “implied-in-law” contracts because they are not actually contracts, but rather obligations that are imposed by law. These obligations arise when one party has received a benefit from another party and it would be unjust for the receiving party to retain the benefit without compensating the providing party. This type of contract is based on the principle of unjust enrichment, meaning that it would be unfair for one party to benefit at the expense of another without compensating them.
So, is a quasi contract an implied contract? While a quasi contract may seem similar to an implied contract, there are key differences between the two. An implied contract is based on the parties` conduct and actions, while a quasi contract is imposed by a court or law. In other words, a quasi contract is not based on the parties` intentions or actions but is rather a legal remedy to prevent unjust enrichment.
In conclusion, while quasi contracts may share some similarities with implied contracts, they are not the same. Quasi contracts are imposed by law to prevent unjust enrichment, while implied contracts are formed based on the parties` conduct and actions. It is important to understand the differences between these types of contracts to ensure that your contractual relationships are properly established and recognized under the law.