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Contracts • Types of Contracts
K#003
Legal Definition
Quasi-contracts are obligations imposed by law, independent of any agreement. They are an equitable remedy not governed by contract law. Where unfairness may result from a quasi-contractual situation, restitutionary damages are available to avoid unjust enrichment.
Plain English Explanation
Contracts are sacred things that generally only come into existence after specific things have occurred (in other cards, you'll learn about offer, acceptance, consideration, etc.). Without such ingredients, a contract generally can't poof into existence. However, courts are concerned with justice and fairness. Thus, in situations where a contract doesn't technically exist, but it should exist, and making one exist avoids some sort of unfairness or injustice, then courts will artificially create a "quasi-contract," that is legally effective like a contract even if it isn't a real, official contract. This allows the court to act as if a contract exists and prevent an injustice from occurring.
Hypothetical
Hypo 1: Sam makes and delivers pizzas. Amy orders a pizza online and pays for it. Sam makes the pizza, hops in his car, and accidentally delivers it to Bob, Amy's neighbor. Bob answers the door, happily accepts the pizza, and shuts it in Sam's face. Amy calls Sam to check on her pizza and they realize what happened. Result: Bob has been unjustly enriched with delicious pizza. If Sam creates a new pizza for Amy, then he may pursue a quasi contract against Bob with the court to force Bob to pay for the pizza he received, even though he never entered into an official contract with Sam to purchase a pizza. Similarly, if Amy doesn't receive a replacement pizza from Sam (maybe because she accidentally mistyped her address and put Bob's instead), then Amy could pursue a quasi contract against Bob for the money she paid for the pizza he ate.
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