A Quasi Contract Arises From A Mutual Agreement Between Two Parties

These contracts are also referred to as constructive contracts, since they arise in the absence of a contract between the two parties. However, if there is already an agreement, a quasi-contract cannot usually be applied. The concept of « quantum merit » has remained unchanged and is sometimes used as a synonym for the more general term « quasi-contract, » which refers to any right of money to repair unwarranted enrichment. [v] In principle, therefore, it is a contract legally entered into for the purpose of derving capital without a declaration of consent. Quasi-contracts result in a situation that imposes legal obligations or obligations on the parties and not the agreement they give under the terms of the contract. [vi] The term « quasi-treaty » is avoided in the chapter, but this chapter deals with the doctrine of quasi-treaties. [viii] Nothing is clear about quasi-contracts. The founder of the quasi-treaty, based on the theory of unjust enrichment, was Lord MANSFIELD, who explained such obligations on the basis of law and justice, in order to avoid an undue advantage for one person at the expense of another. A contract is not implied if it results in injustice or prejudice. In the event of doubts and discrepancies in the minds of the parties, the Tribunal cannot enter into a contractual relationship.

If, at the expiry of a contract, the parties continue to work on their terms, the result is that they have mutually committed to a new contract containing the same provisions as the old one. The « quasi-contract » is dealt with in Chapter V of the Indian Contract Act of 1872 under the title « Some Relationships and Similar Relationships. » I think that the Indian Treaty Act of 1872 favours the term « quasi-contract, » but in part, since it is not a real treaty, because if they had supported that mandate, they would have incorporated that term into Chapter V of the Act, rather than giving the title « Some relationships that are similar to those created by the treaty, » but they mean by that title. they relate to quasi-contracts [vii]. A quasi-contract is a court-imposed document that seeks to prevent one party from making an unjustified remedy at the expense of another party when there is no contract between them.

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