In the legal world, there are many types of contracts, including express, implied, and quasi-contracts. While many people are familiar with express and implied contracts, quasi-contracts are often misunderstood.

A quasi-contract, also known as an implied-in-law contract, is not a true contract in the sense that it does not arise from an agreement between parties. Rather, it is a legal fiction created by courts to prevent unjust enrichment.

The concept of quasi-contracts dates back to Roman law, where it was known as “condictio indebiti,” meaning an action to recover something that was not owed. In modern times, quasi-contracts are used to provide a remedy when someone has received a benefit at the expense of another party, even if there was no intention to create a contract.

For example, imagine that a person hires a plumber to fix a leak in their kitchen. The plumber completes the work and sends a bill, but the homeowner disputes the charges. After negotiation, the homeowner agrees to pay half of the original bill. However, the homeowner still benefits from the plumber`s services, and so a quasi-contract could be used to recover the other half of the payment.

There are three elements that must be present for a quasi-contract to exist: a benefit must be conferred, the recipient must be aware of the benefit, and it would be unjust to allow the recipient to retain the benefit without paying for it.

In addition, there are several types of quasi-contracts, including those based on restitution, quantum meruit (meaning “as much as is merited”), and unjust enrichment. Each type has its own specific requirements and remedies.

Overall, quasi-contracts serve an important role in the legal system by preventing people from benefiting from the work or services of others without compensation. While they may not be true contracts, they provide a way for courts to ensure fairness and justice in situations where the parties involved did not intend to create a formal agreement.