April 26, 2023

Quasi Contract – Learn About Its Features & Importance Before Investing in Real Estate?

Quasi Contract - Learn About Its Features & Importance Before Investing in Real Estate

A Quasi Contract is a legal concept where a court may imply a contract-like obligation between two parties even if there was no actual contract between them. This can happen when one party has provided a benefit to another party, and it would be unjust for the benefiting party to not compensate the other. 

The court creates a Quasi Contract to prevent the unjust enrichment of one party at the expense of the other. Essentially, a Quasi Contract is a legal way to ensure fairness and prevent someone from profiting at the expense of someone else.

What Is A Quasi Contract Example?

An example of a Quasi Contract could be when you accidentally pay for someone else’s meal at a restaurant, thinking it was your own bill. In this situation, the restaurant received a benefit (payment) from you that was intended for someone else. 

If you realize the mistake and ask the restaurant for a refund, they may refuse since they provided a service (food and drink) to the other customer, not you. However, a court may intervene and create a Quasi Contract that will require the other customer to reimburse you for the payment you mistakenly made, since it would be unjust for them to keep the benefit of a payment that was not intended for them. 

In simple words, a Quasi Contract is a legal way to ensure fairness and prevent someone from benefiting at the expense of someone else, even in situations where there was no formal agreement or contract.

What Are The Types Of Quasi Contracts?

Quasi Contracts are recognized under the Indian Contract Act, 1872. 

Here are some common types of Quasi Contracts:

  1. Supply of necessaries: 

When a person supplies goods or services that are necessary for the well-being of another person, a Quasi Contract is created. The person who supplies the goods or services can recover the reasonable cost of the same from the other person.

  1. Payment of money due by another: 

When a person pays money on behalf of another person, a Quasi Contract is created. The person who paid the money can recover it from the other person.

  1. Finder of lost goods: 

When a person finds lost goods and takes custody of them, a Quasi Contract is created. The finder is entitled to a reasonable amount of compensation from the owner of the goods.

  1. Non-gratuitous act: 

When a person performs an act for another person without expecting any payment or reward, a Quasi Contract is created. The person who performs the act can recover the cost of the same from the other person.

These types of Quasi Contracts help to ensure fairness and prevent unjust enrichment in various situations where there is no explicit contract between the parties involved.

What Are The Quasi Contract Elements?

The elements of a Quasi Contract include:

  1. Obligation: There must be an obligation to pay for the benefits received. For example, in a real estate investment, if a person receives the benefits of the investment without paying for it, a Quasi Contract may be created to require the person to pay for those benefits.
  1. Benefit: The person receiving the benefit must have received it knowingly and voluntarily. 
  1. Unjust Enrichment: The person receiving the benefit must have been unjustly enriched at the expense of another party. 
  1. Reasonable Value: The value of the benefits received must be reasonable. 

Overall, the elements of a Quasi Contract help to ensure that parties involved are treated fairly and justly, even in situations where there is no explicit contract in place.

What Is The Importance Of A Quasi Contract?

Here are some points explaining the importance of Quasi Contract:

  1. Provides Legal Remedy 

Quasi contract provides a legal remedy to situations where there is no explicit contract between the parties involved. This helps to prevent unjust enrichment and ensure that parties are treated fairly.

  1. Prevents Unjust Enrichment 

Quasi contract prevents one party from being unjustly enriched at the expense of another party. It ensures that parties are compensated for the benefits received.

  1. Promotes Fairness 

Quasi contract promotes fairness by requiring parties to pay a reasonable amount for the benefits they have received. It ensures that parties are treated fairly, even in situations where there is no explicit contract in place.

  1. Helps in Real Estate Investment 

In real estate investment, Quasi Contract plays an important role in situations where there is no formal contract between the parties involved. It ensures that parties are compensated for the benefits received and helps to prevent disputes.

  1. Encourages Good Faith 

Quasi contract encourages parties to act in good faith and deal fairly with each other. It helps to promote trust and cooperation between parties, even in situations where there is no formal contract in place.

Overall, Quasi Contract helps to provide legal remedies, promote fairness, prevent unjust enrichment, and encourage good faith between parties involved in various situations.

The Features Of A Quasi Contract

A Quasi Contract is an implied-in-law contract that is created by the court to prevent unjust enrichment in situations where there is no explicit contract between the parties involved. 

The key features of a Quasi Contract include:

  • The absence of a formal agreement. 
  • The presence of an obligation to pay for the benefits received.
  • The requirement for the benefits to have been received knowingly and voluntarily. 

The value of the benefits received must also be reasonable, and the person receiving the benefits must have been unjustly enriched at the expense of another party. 

For instance, if a person receives the benefits of staying in a Khandala villa without paying for it, a Quasi Contract may be created to require that person to pay a reasonable amount for those benefits. 

What Are The Prerequisites Of A Quasi Contract?

The prerequisites of a Quasi Contract include:

  1. Absence of a formal contract: A Quasi Contract is created when there is no formal contract between the parties involved. 
  1. The benefit conferred: The party seeking the Quasi Contract must have conferred a benefit upon the other party. This benefit may be in the form of goods or services that were provided to the other party.
  1. Knowledge and acceptance of benefit: For the benefit provided by the first party, the other party must possess knowledge of it and give their acceptance. The acceptance may be expressed or implied. 
  1. Unjust enrichment: The party seeking the Quasi Contract must have suffered unjust enrichment as a result of conferring the benefit upon the other party. This means that the other party has received a benefit without paying for it or fulfilling any obligation to compensate the first party.
  1. No other legal remedy: The party seeking the Quasi Contract must not have any other legal remedy available to them. This means that the party cannot seek relief through an express contract or another legal means.

By meeting these prerequisites, a Quasi Contract may be created to provide a legal remedy for the party seeking compensation for the benefit conferred upon the other party.

Advantages Of A Quasi Contract

Here are some advantages of a Quasi Contract:

  1. Provides legal remedy in the absence of an express contract.
  1. Prevents unjust enrichment and ensures fair compensation.
  1. Encourages good faith and fair dealing between parties.
  1. Promotes trust and cooperation between parties.
  1. Helps resolve disputes and avoid litigation.
  1. Provides a means of compensation for parties who have conferred benefits upon others.
  1. Provides a framework for resolving contractual disputes when an express contract is incomplete or unclear.
  1. Helps to fill gaps in the law and provides a means of addressing unique or complex situations.

Disadvantages Of A Quasi Contract

Here are some disadvantages of a Quasi Contract:

  1. The creation of a Quasi Contract may lead to confusion and disputes between the parties involved, particularly if the parties did not intend to create a Quasi Contract.
  1. Determining the value of the benefit conferred can be a complex and time-consuming process, especially in cases related to real estate investment.
  1. While a Quasi Contract may provide a legal remedy, the court may not always be able to provide adequate compensation for the party seeking damages.
  1. Its existence may limit the flexibility of the parties involved in the future, which can be particularly problematic for real estate investors who need to be able to adapt to changing market conditions.
  1. The creation of a Quasi Contract may discourage parties from entering into express contracts in the future, potentially leading to missed opportunities for real estate investment and other types of transactions.

Closing Thoughts: Quasi Contracts and Your Real Estate Investments

A Quasi Contract is a legal concept that can be important to understand when investing in real estate. Quasi Contracts can provide a legal remedy in the absence of an express contract and ensure fair compensation. 

However, when investing in real estate, it is important to work with a reliable and trustworthy company that prioritizes quality and customer satisfaction. Goodbrick Realty is a prime example of such a company, building luxury homes and villas that meet the highest standards. 

Goodbrick Realty is known for constructing luxury villas, including the breathtaking Khandala villa, that offer high-end amenities and exceptional craftsmanship.
By working with a reputable company like Goodbrick Realty, investors can ensure that their real estate investments are successful and profitable.

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