Oct 15 2021

What Is Agreement Quasi

Published by at 1:56 am under Uncategorized

There are situations where there is no contract between the parties. Nevertheless, even in this case, some industrial relationships create specific obligations that some parties must fulfill by court order. These obligations are called quasi-contracts because they create the same obligations that they would have arisen in the case of the regular contract. These quasi-treaties are based on the principles of justice, equality and good conscience. Although the Indian Contract Act of 1872 did not define quasi-treaties, section 68-72 dealt with “certain relations similar to those created by treaties.” Quasi-contract can be defined “as an obligation imposed by law on a party in order to avoid unjustified enrichment of that party”. There is no prior agreement, offer and acceptance in a quasi-contract. Quasi-contract is applied when one person enjoys the benefit of something but does not pay for it or the other person may have to bear the burden. According to common law jurisdictions, quasi-treaties appeared in the Middle Ages in a form of action known in Latin as indebitatus assumpsit, which means being in debt or having incurred a debt. This legal principle was how the courts charge the other party, as if there had already been a contract or agreement between them. The defendant`s obligation to be bound by the contract is therefore considered implied by law. From its first uses, the quasi-contract was generally imposed to enforce restitution obligations.

An example of a quasi-contract involves an agreement between at least two parties who previously had no obligation to each other. .

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