Quase contracts under indian contract law

The concept was first taken up in the case Moses v. For the application of this section following conditions are to be satisfied- 1. Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi- contract to the end that no one shall be unjustly enriched or benefited at the expense of another.

It is created by the operation of the contract. He who paid unduly may proceed only against the true debtor or the guarantors with regard to whom the action is still effective.

quasi contract cases

The Quasi Contract are not contract in full fledge because there is no offer and acceptance by the parties, but there are some circumstances where the contractual obligation arises.

Enjoyment of benefit by the defendant is necessary. The law provides remedies if a promise is breached or recognizes the performance of a promise as a duty. A quasi-contract or implied-in-law contract or constructive contract is a fictional contract created by courts for equitable, not contractual, purposes.

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Contracts and Quasi Contracts