Quasi-Contract: What is it and how is it useful?



Quasi- Contract
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Imagine two people who never agreed on anything, but the actions of one of them end up benefitting the other one. The quasi-contract steps in to make things right. It’s not an actual contract with terms and conditions, instead, in this, a judge decides that the one who benefited must give something back to the one who didn’t. 

In this blog, we will get deep into the concept of quasi-contracts and their significance in the business world. 

Understanding Quasi-Contract

A quasi-contract is like a “make-believe” contract created by a judge to solve a problem when two parties don’t have an actual agreement. It’s a way to be fair to both parties and ensure nobody gets an unfair advantage. When parties fail to establish a legally bound understanding, it often leads to disputes. Quasi-contracts, also known as implied-in-law-contracts. 

How does a Quasi-Contract work?

Unlike an actual contract where both parties actively agree to it, a quasi-contract is like a made-up contract designed by the court to ensure fairness. It’s used in situations where one party gets a benefit, like goods or services, from another party without a proper contract in place.

The key idea behind a quasi-contract is “unjust enrichment.” This means that if one party unfairly benefits or gains an advantage without a valid reason, the court may step in and create a quasi-contractual obligation. This way, fairness is restored, and unjust gains are prevented.

Quasi-Contract vs Contract

There are a few differences between Quasi-Contract and a regular Contract:

Contract Quasi-Contract
1.  In a regular contract, two parties willingly agree to the terms and conditions of a deal and make a legally binding agreement.  In a Quasi-Contract, there is no already existing mutual legal agreement between both parties. 
2. Obligations are created and modified by specific terms and conditions agreed upon by both parties. The contract defines the duties of each party.  In this, obligations are imposed by the court only and are done to prevent unjust enrichment.  
3.  A pre-existing agreement or offer must exist between the parties for it to be valid. comes into play when there is no pre-existing contractual relationship between the parties. However, the court intervenes it necessary to enforce

Types of Quasi-Contract 

  • Quantum Meruit: Imagine you help someone out by providing goods or services, even if you disagreed on a specific payment beforehand. Quantum Meruit lets you ask for a fair amount of money for what you did.
  • Restitution: Restitution is a legal idea that’s like undoing something. It’s about making sure the person who should have something gets it back. This could be property, money, or any good stuff that rightfully belongs to them.
  • Contract Implied in Fact: A contract implied in fact is an actual agreement where the terms are figured out from how people act, even though they didn’t explicitly agree. Unlike quasi-contracts that pop up when there’s no actual agreement, implied-in-fact contracts start as proper agreements, but we understand the terms from how everyone behaves.

The Significance of Quasi-Contract

Quasi-contracts have an important role as they help in maintaining fairness and ensuring that there is no exploitation in business deals.  It’s like a legal trick that makes one person do something for another person, even if they didn’t agree to it officially. Quasi-contracts are there to make things fair so that nobody gets an unfair advantage because of things that happened that they couldn’t control.

Elements of Quasi-Contract

There are four elements of a quasi-contract. These are:

  • Benefit: The person who is being accused must have received something valuable from the person who presented the case. 
  • Loss: The person bringing the case should have faced a problem or lost something valuable that the other person gained.
  • Lack of Legal Ground: There should be no valid contract or legal basis to support the enrichment of the defendant.
  • Unfair: The person who gained shouldn’t have unfairly profited while causing harm or loss to the other person.

Use of Quasi-Contracts in Business

Quasi-contracts are all about being fair In the world of business, overdraft situations can sometimes lead to disputes between parties. When there’s no proper contract in place, quasi-contracts come into play to ensure fairness and prevent unjust enrichment. For example, in cases of consumer lending, where one party accidentally receives more funds than they were supposed to, a quasi-contract may be imposed to require the borrower to return the excess amount.


To wrap up, Quasi-Contracts are really important in contract law because they make things fair when there’s no real agreement. They stop unfair gains and put things back in the right place for everyone. This helps keep business deals honest and clear. Businesses should know about quasi-contracts to prevent legal problems and create a trustworthy and fair atmosphere for their transactions.

Quasi Contract FAQs

1. What happens if one party refuses to cooperate with a quasi-contract? 

If a party refuses to comply with a quasi-contract, the deprived party may take legal action to enforce the obligation and seek compensation in court.

2. How can quasi-contracts be avoided? 

Quasi-contracts can be avoided by having clear and comprehensive formal contracts in place for all transactions to avoid misunderstandings and unintended benefits.

3. When are quasi-contracts used? 

Quasi-contracts are used when one party receives a benefit from another, and there is no formal contract between them. They prevent unjust enrichment by enforcing an obligation to compensate the deprived party.


PayMe is an RBI-registered Indian lending fintech company that strives to close the difference between conventional loan providers and potential borrowers who may not be able to satisfy their rigorous criteria. It provides quick and hassle-free loans to individuals and small businesses. PayMe aims to provide its customers with financial stability and security through its user-friendly interface and fast approval system. The organization aims to enable individuals and enterprises to attain their aspirations by promptly providing access to essential funds. Payme’s customer-centric approach and innovative technology make it a leader in the Indian lending fintech industry.



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