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Quasi Contact

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Quasi contact A quasi-contract (or implied-in-law contract or constructive contract) is a fictional contract created by courts for equitable, not contractual, purposes. A quasi-contract is not an actual contract, but is a legal substitute formed to impose equity between two parties. The concept of a quasi-contract is that of a contract that should have been formed, even though in actuality it was not. It is used when a court finds it appropriate to create an obligation upon a non-contracting par
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    Quasi contact  A quasi-contract  (or implied-in-law contract  or constructive contract ) is a fictional contract created by courts for  equitable, not contractual, purposes. A quasi-contract is not an actual contract, but is a legal substitute formed to impose equity between two parties. The concept of a quasi-contract is that of a contract that should   have been formed, even though in actuality it was not. It is used when a court finds it appropriate to create an obligation upon a non-contracting party to avoid injustice  and to ensure fairness . It is invoked in circumstances of and is connected with the concept of  restitution.  Generally the existence of an actual or  implied-in-fact contract is required for the defendant to be liable for services rendered, and a person who provides a service uninvited is anofficious intermeddler  who is not entitled to compensation. Would-be plaintiffs cannot deliver unordered goods or services and demand payment for the benefit....A corollary is that one who does  have an enforceable contract is bound by the contract's terms: subject to a few controversial exceptions, she cannot sue for restitution of the value of benefits conferred...   [1]  However, in many jurisdictions under certain circumstances plaintiffs may be entitled to restitution under quasi-contract (as in the example of Louisiana or Oklahoma below). They are used as remedies for  unjust enrichment, management of another's affairs ( negotiorum gestio ), or payment of a thing not due ( indebiti solutio ). Quasi-contracts are defined to be the lawful and purely voluntary acts of a man, from which there results any obligation whatever to a third person, and sometime a reciprocal obligation between the parties. [ citation needed  ]  Quasi-contracts are stipulated in the 3rd Book, Title IV, Chapter 1 of the French Civil Code (articles 1371-1381). [2]  One authority defines a quasi-contract as A licit and voluntary act from which derives obligations subject to a regime close to the contractual one imposing on the author of the act and a third party, not-bound by a contract . [3]   Examples [   For example, suppose that vacationing physician Jane Doe is driving down the highway and finds Joey Bloggs lying unconscious on the side of the road. Doe renders medical aid that saves Bloggs's life. Although the injured, unconscious Bloggs did not solicit the medical aid and was not aware that the aid had been rendered, he received a valuable benefit, and the requirements for a quasi contract were fulfilled. In such a situation, the law will impose a quasi contract.    Proposal An offer; something proffered. An offer, by one person to another, of terms and conditions with reference to some work or undertaking, or for the transfer of property, the acceptance whereof will make a contract between them. Eppes v. Mississippi. G. & T. It. Co., 35 Ala. 33. In English practice. A statement in writing of somespecial matter submitted to tlie consideration of a chief clerk in the court of chancery, pursuant to an order made upon an application ex parte, or a decretal order of the court. It is either for maintenance of an infant, appointment of a guardian, placing a ward of the court at the university or in the army, or apprentice to a trade; for the appointment of a receiver, the establishment of a charity, etc. Wharton. Propositio indefinita aequipollet universali. An indefinite proposition is equivalent to a general one. Definition A formal description of the creation, modification or termination of a contract. A proposal may serve as the blueprint for a future agreement and may be accepted or rejected by the entity or entities that receive it.
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