As a professional, I have researched and written an article on the difference between a quasi contract and an implied contract. Please see below for the full article:
Contracts are essential to conducting business and ensuring that both parties involved understand their responsibilities and obligations. However, in some cases, the terms of a contract may not be explicitly laid out, leading to confusion and potential legal disputes. Two types of contracts that are often confused are quasi contracts and implied contracts.
In this article, we will explore the differences between quasi contracts and implied contracts and how they can affect your business.
What is a Quasi Contract?
A quasi contract, also known as an implied-in-law contract, is not an actual contract but rather a legal remedy used to prevent unjust enrichment. This means that even though no formal agreement was made between the parties, one party may have received a benefit from the other, and the law finds it fair to compensate the party who provided the benefit.
For example, if a homeowner hires a contractor to repair their roof, but they did not agree on a specific price for the work, the law may recognize a quasi contract, allowing the contractor to be compensated for the value of their services.
Quasi contracts are often used to prevent unjust enrichment, which occurs when one person receives a benefit without earning it or paying for it. In a quasi contract, the law will create an agreement between the parties to ensure fairness and prevent one party from taking advantage of the other.
What is an Implied Contract?
An implied contract is an actual contract that is formed based on the parties’ behavior and actions, rather than explicit written or verbal terms. Implied contracts can be inferred from the conduct of the parties, the industry standards, or the expectations of the parties involved.
For example, if someone regularly performs a service for another person, and the other person consistently pays them for their services, an implied contract may be formed. Both parties have implicitly agreed on the terms of the contract through their actions.
Unlike a quasi contract, an implied contract is a true contract, and the parties involved are bound to the terms and obligations of the agreement.
What Are the Differences Between Quasi Contracts and Implied Contracts?
Quasi contracts and implied contracts have key differences, including:
– Formation: A quasi contract is not an actual contract but rather a remedy to prevent unjust enrichment, while an implied contract is a true contract that is formed from the conduct and actions of the parties involved.
– Obligations: In a quasi contract, the parties are not bound to any explicit terms or obligations, while in an implied contract, the parties are bound to the terms agreed upon through their behavior and actions.
– Legal Remedies: If a quasi contract is breached, the party who received the benefit may be entitled to restitution or the value of the benefit received. In contrast, if an implied contract is breached, the parties may seek legal remedies for the breach, such as damages or specific performance.
In conclusion, although they may seem similar at first glance, quasi contracts and implied contracts are fundamentally different. Understanding the differences between these two types of contracts can be beneficial for businesses to ensure that they are protected and informed in their business dealings.