Remedies

Quasi-Contract (Remedies)

Quick Answer

What does "Quasi-Contract (Remedies)" mean in law?

A quasi-contract (or contract implied in law) is not a true contract but a legal fiction imposed by courts to provide a restitutionary remedy where no enforceable agreement exists, in order to prevent unjust enrichment. Courts will impose a quasi-contractual obligation when one party has conferred a benefit on another under circumstances where the recipient should reasonably expect to pay for it, and retention without payment would be unjust. The measure of recovery in quasi-contract is quantum meruit (the reasonable value of services rendered) or quantum valebant (the reasonable value of goods provided), not the contract price, since by definition no valid contract governs. Quasi-contract is particularly important as a fallback remedy when a contract fails for indefiniteness, lack of consideration, or Statute of Frauds defenses.

Definition

A quasi-contract (or contract implied in law) is not a true contract but a legal fiction imposed by courts to provide a restitutionary remedy where no enforceable agreement exists, in order to prevent unjust enrichment. Courts will impose a quasi-contractual obligation when one party has conferred a benefit on another under circumstances where the recipient should reasonably expect to pay for it, and retention without payment would be unjust. The measure of recovery in quasi-contract is quantum meruit (the reasonable value of services rendered) or quantum valebant (the reasonable value of goods provided), not the contract price, since by definition no valid contract governs. Quasi-contract is particularly important as a fallback remedy when a contract fails for indefiniteness, lack of consideration, or Statute of Frauds defenses.

Example

When an oral agreement to renovate a kitchen fell outside the Statute of Frauds and was unenforceable, the contractor recovered in quasi-contract for the reasonable value of the work already completed.

Study Remedies with Briefly

Master remedies concepts with AI-powered case briefs, cold call drills, flashcards, and more. Get started.