Contract vs. Quasi Contract: Know the Difference
By Shumaila Saeed || Published on January 25, 2024
A contract is a legally binding agreement between parties with mutual obligations, whereas a quasi contract is a legal obligation imposed by law to prevent unjust enrichment, even without a formal agreement.
Key Differences
A contract is a legally binding agreement created by the mutual consent of two or more parties, whereas a quasi contract is formed by the law to prevent unjust enrichment in situations where no actual contract exists. While contracts require a meeting of minds, quasi contracts are imposed by law without such agreement.
Shumaila Saeed
Jan 25, 2024
In a contract, parties voluntarily assume obligations, reflecting their agreement and intention. Conversely, quasi contracts do not depend on the parties' intention or agreement; they are established by the law to create an obligation where none existed before, ensuring fairness.
Shumaila Saeed
Jan 25, 2024
Obligations in a contract arise from the promises made by the parties involved, whereas obligations in a quasi contract arise not from consent but from the law. A contract is executed with the purpose of fulfilling agreed terms, while a quasi contract is established when one party possesses something that they should, in fairness, return or compensate for.
Shumaila Saeed
Jan 25, 2024
Breach of contract occurs when a party fails to fulfill their agreed obligations, leading to legal remedies like damages. In the case of a quasi contract, failure to comply with the legal obligation to return or compensate leads to restitution, a remedy designed to prevent unjust enrichment.
Shumaila Saeed
Jan 25, 2024
The scope of a contract is defined by the parties' agreement and can cover a wide range of matters. In contrast, quasi contracts are limited to situations where one party would unjustly benefit at the expense of another if the law did not intervene.
Shumaila Saeed
Jan 25, 2024
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Comparison Chart
Legal Binding
Yes, legally enforceable
Yes, but arises from legal obligation
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Jan 25, 2024
Requirement
Mutual consent, offer, acceptance, consideration
Imposed to prevent unjust enrichment
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Jan 25, 2024
Enforceability
Through courts in case of breach
Through courts for restitution
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Jan 25, 2024
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Contract and Quasi Contract Definitions
Contract
A legally binding agreement between two or more parties.
She signed a contract to sell her artwork.
Shumaila Saeed
Jan 08, 2024
Quasi Contract
A legal obligation imposed to prevent unjust enrichment.
Under the quasi contract, he had to reimburse the costs.
Shumaila Saeed
Jan 08, 2024
Contract
A binding arrangement under the law.
Their business contract was legally enforceable.
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Jan 08, 2024
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Quasi Contract
A legal concept to enforce fairness in transactions.
A quasi contract ensured she was paid for her services.
Shumaila Saeed
Jan 08, 2024
Contract
An engagement for a performance or service.
She got a contract for three live performances.
Shumaila Saeed
Jan 08, 2024
Quasi Contract
A remedy for situations without a formal agreement.
The builder received payment based on a quasi contract.
Shumaila Saeed
Jan 08, 2024
Contract
An agreement between two or more parties, especially one that is written and enforceable by law.
Shumaila Saeed
Jan 06, 2024
Quasi Contract
An obligation similar to a contract, but not actual.
Their arrangement was treated as a quasi contract.
Shumaila Saeed
Jan 08, 2024
Quasi Contract
An implied contract recognized by the court.
The court's ruling created a quasi contract for payment.
Shumaila Saeed
Jan 08, 2024
Quasi Contract
(legal) An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties.
Shumaila Saeed
Jan 06, 2024
Contract
A paid assignment to murder someone
Put out a contract on the mobster's life.
Shumaila Saeed
Jan 06, 2024
Contract
To enter into by contract; establish or settle by formal agreement
Contract a marriage.
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Jan 06, 2024
Contract
To acquire or incur
Contract obligations.
Contract a serious illness.
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Jan 06, 2024
Contract
(Grammar) To shorten (a word or words) by omitting or combining some of the letters or sounds, as do not to don't.
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Jan 06, 2024
Contract
To enter into or make an agreement
Contract for garbage collection.
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Jan 06, 2024
Contract
To become reduced in size by or as if by being drawn together
The pupils of the patient's eyes contracted.
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Jan 06, 2024
Contract
An agreement between two or more parties, to perform a specific job or work order, often temporary or of fixed duration and usually governed by a written agreement.
Marriage is a contract.
Sign a contract
Write up a contract
Read a contract
Countersign a contract
Legally-binding contract
Unwritten contract
Shumaila Saeed
Jan 06, 2024
Contract
(legal) An agreement which the law will enforce in some way. A legally binding contract must contain at least one promise, i.e., a commitment or offer, by an offeror to and accepted by an offeree to do something in the future. A contract is thus executory rather than executed.
Shumaila Saeed
Jan 06, 2024
Contract
(legal) A part of legal studies dealing with laws and jurisdiction related to contracts.
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Jan 06, 2024
Contract
(informal) An order, usually given to a hired assassin, to kill someone.
The mafia boss put a contract out on the man who betrayed him.
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Jan 06, 2024
Contract
(bridge) The declarer's undertaking to win the number of tricks bid with a stated suit as trump.
Shumaila Saeed
Jan 06, 2024
Contract
(ambitransitive) To draw together or nearer; to shorten, narrow, or lessen.
The snail’s body contracted into its shell.
To contract one’s sphere of action
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Jan 06, 2024
Contract
(grammar) To shorten by omitting a letter or letters or by reducing two or more vowels or syllables to one.
The word “cannot” is often contracted into “can’t”.
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Jan 06, 2024
Contract
(transitive) To enter into, with mutual obligations; to make a bargain or covenant for.
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Jan 06, 2024
Contract
(intransitive) To make an agreement or contract; to covenant; to agree; to bargain.
To contract for carrying the mail
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Jan 06, 2024
Contract
(transitive) To bring on; to incur; to acquire.
She contracted the habit of smoking in her teens.
To contract a debt
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Jan 06, 2024
Contract
To draw together or nearer; to reduce to a less compass; to shorten, narrow, or lessen; as, to contract one's sphere of action.
In all things desuetude doth contract and narrow our faculties.
Shumaila Saeed
Jan 06, 2024
Contract
To draw together so as to wrinkle; to knit.
Thou didst contract and purse thy brow.
Shumaila Saeed
Jan 06, 2024
Contract
To bring on; to incur; to acquire; as, to contract a habit; to contract a debt; to contract a disease.
Each from each contract new strength and light.
Such behavior we contract by having much conversed with persons of high station.
Shumaila Saeed
Jan 06, 2024
Contract
To enter into, with mutual obligations; to make a bargain or covenant for.
We have contracted an inviolable amity, peace, and lague with the aforesaid queen.
Many persons . . . had contracted marriage within the degrees of consanguinity . . . prohibited by law.
Shumaila Saeed
Jan 06, 2024
Contract
To betroth; to affiance.
The truth is, she and I, long since contracted,Are now so sure, that nothing can dissolve us.
Shumaila Saeed
Jan 06, 2024
Contract
To shorten by omitting a letter or letters or by reducing two or more vowels or syllables to one.
Shumaila Saeed
Jan 06, 2024
Contract
To be drawn together so as to be diminished in size or extent; to shrink; to be reduced in compass or in duration; as, iron contracts in cooling; a rope contracts when wet.
Years contracting to a moment.
Shumaila Saeed
Jan 06, 2024
Contract
To make an agreement; to covenant; to agree; to bargain; as, to contract for carrying the mail.
Shumaila Saeed
Jan 06, 2024
Contract
The agreement of two or more persons, upon a sufficient consideration or cause, to do, or to abstain from doing, some act; an agreement in which a party undertakes to do, or not to do, a particular thing; a formal bargain; a compact; an interchange of legal rights.
Shumaila Saeed
Jan 06, 2024
Contract
A formal writing which contains the agreement of parties, with the terms and conditions, and which serves as a proof of the obligation.
Shumaila Saeed
Jan 06, 2024
Contract
The act of formally betrothing a man and woman.
This is the the night of the contract.
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Jan 06, 2024
Contract
A binding agreement between two or more persons that is enforceable by law
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Jan 06, 2024
Contract
(contract bridge) the highest bid becomes the contract setting the number of tricks that the bidder must make
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Jan 06, 2024
Contract
A variety of bridge in which the bidder receives points toward game only for the number of tricks he bid
Shumaila Saeed
Jan 06, 2024
Contract
Engage by written agreement;
They signed two new pitchers for the next season
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Jan 06, 2024
Contract
Squeeze or press together;
She compressed her lips
The spasm contracted the muscle
Shumaila Saeed
Jan 06, 2024
Contract
Become smaller or draw together;
The fabric shrank
The balloon shrank
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Jan 06, 2024
Contract
Be stricken by an illness, fall victim to an illness;
He got AIDS
She came down with pneumonia
She took a chill
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Jan 06, 2024
Contract
Compress or concentrate;
Congress condensed the three-year plan into a six-month plan
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Jan 06, 2024
Contract
Make or become more narrow or restricted;
The selection was narrowed
The road narrowed
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Jan 06, 2024
Contract
Reduce in scope while retaining essential elements;
The manuscript must be shortened
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Jan 06, 2024
Contract
A document detailing the terms of such an agreement.
The contract outlined the payment terms clearly.
Shumaila Saeed
Jan 08, 2024
Contract
A commitment to fulfill an obligation.
He had a contract to complete the project by June.
Shumaila Saeed
Jan 08, 2024
Repeatedly Asked Queries
Can a quasi contract be formed without agreement?
Yes, it's imposed by law, not based on mutual agreement.
Shumaila Saeed
Jan 25, 2024
Is a quasi contract legally enforceable?
Yes, but it's more about legal obligation than enforceability.
Shumaila Saeed
Jan 25, 2024
What is a quasi contract?
A legal obligation imposed by law to address situations where one party benefits unjustly at the expense of another.
Shumaila Saeed
Jan 25, 2024
What is a contract?
A legally enforceable agreement between two or more parties.
Shumaila Saeed
Jan 25, 2024
How is restitution in a quasi contract determined?
Based on the benefit unjustly received by one party.
Shumaila Saeed
Jan 25, 2024
What happens in case of a contract breach?
The aggrieved party can seek legal remedies like damages.
Shumaila Saeed
Jan 25, 2024
How is a contract formed?
Through mutual agreement, with offer, acceptance, and consideration.
Shumaila Saeed
Jan 25, 2024
Can a contract be voided?
Yes, if it lacks legal requirements or involves illegal activities.
Shumaila Saeed
Jan 25, 2024
Is mutual consent relevant in quasi contracts?
No, as they are not based on agreements.
Shumaila Saeed
Jan 25, 2024
What is the purpose of a quasi contract?
To prevent unjust enrichment and ensure fairness.
Shumaila Saeed
Jan 25, 2024
What is consideration in a contract?
It's something of value exchanged between parties.
Shumaila Saeed
Jan 25, 2024
Can contracts be disputed?
Yes, particularly on grounds of breach or misinterpretation.
Shumaila Saeed
Jan 25, 2024
Can a quasi contract exist alongside a real contract?
Yes, in some cases, to address unjust enrichment.
Shumaila Saeed
Jan 25, 2024
Do quasi contracts need to be written?
No, they are not actual contracts and thus don't require documentation.
Shumaila Saeed
Jan 25, 2024
Is consideration required in a quasi contract?
No, quasi contracts are about restitution, not exchange.
Shumaila Saeed
Jan 25, 2024
What's the role of mutual consent in contracts?
It's essential for the formation of a contract.
Shumaila Saeed
Jan 25, 2024
How are quasi contracts enforced?
Through court rulings focusing on fairness and restitution.
Shumaila Saeed
Jan 25, 2024
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About Author
Written by
Shumaila SaeedShumaila Saeed, an expert content creator with 6 years of experience, specializes in distilling complex topics into easily digestible comparisons, shining a light on the nuances that both inform and educate readers with clarity and accuracy.
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