Quasi Contracts
INTRODUCTION AND RATIONALE OF QUASI CONTRACTS:-
Under the general heading of the Quasi contract there has been grouped a number of cases which have little or no affinity with contract. A simple illustration is afforded by the action to recover money paid by mistake. If the plaintiff on an erroneous interpretation of the facts, pays to the defendant a sum of money which he does not really owe, law, no less than justice, will require he defendant to restore it. But his obligation is manifestly not based upon the consent, even in the extended meaning borne by the word in the English law, and its description as a quasi contractual liability serves only to emphasize its remoteness from any genuine conception of contract.
This shows that there are many situations in which Law as well as justice require that a certain person be required to conform an obligation, although he has not broken any contract nor committed any tort. an another example for Quasi Contract would be worthy of Quoting for the better understanding of Quasi Contract, that is if a person in whose home certain goods have been left by mistake is bound to restore them. This shows that a person cannot entertain unjust benefits at the cost of some other person. such kind of obligations are generally described, for the want of better or more appropriate name, as Quasi Contractual Obligations.
This would be better to explain it up that Quasi contract consists of the Contractual Obligation which is entered upon not because the parties has consented to it but because law does not allow a person to have unjustified benefit at the cost of other party.
RATIONALE:-
So far as there was not an established rule of Quasi Contractual obligation the English Lawyers were content to enumerate the cases of the Quasi Contract for which they are provided a remedy as to many species of “indebitatus assumpsit”, but they evaded the odious task of rationalization. But as soon as the urge was felt to explore their juristic
Under the general heading of the Quasi contract there has been grouped a number of cases which have little or no affinity with contract. A simple illustration is afforded by the action to recover money paid by mistake. If the plaintiff on an erroneous interpretation of the facts, pays to the defendant a sum of money which he does not really owe, law, no less than justice, will require he defendant to restore it. But his obligation is manifestly not based upon the consent, even in the extended meaning borne by the word in the English law, and its description as a quasi contractual liability serves only to emphasize its remoteness from any genuine conception of contract.
This shows that there are many situations in which Law as well as justice require that a certain person be required to conform an obligation, although he has not broken any contract nor committed any tort. an another example for Quasi Contract would be worthy of Quoting for the better understanding of Quasi Contract, that is if a person in whose home certain goods have been left by mistake is bound to restore them. This shows that a person cannot entertain unjust benefits at the cost of some other person. such kind of obligations are generally described, for the want of better or more appropriate name, as Quasi Contractual Obligations.
This would be better to explain it up that Quasi contract consists of the Contractual Obligation which is entered upon not because the parties has consented to it but because law does not allow a person to have unjustified benefit at the cost of other party.
RATIONALE:-
So far as there was not an established rule of Quasi Contractual obligation the English Lawyers were content to enumerate the cases of the Quasi Contract for which they are provided a remedy as to many species of “indebitatus assumpsit”, but they evaded the odious task of rationalization. But as soon as the urge was felt to explore their juristic