Contract vs. Quasi Contract — What's the Difference?
By Tayyaba Rehman — Published on October 9, 2023
A Contract is a voluntary agreement between parties, while a Quasi Contract is a court-imposed obligation to prevent unjust enrichment.
Difference Between Contract and Quasi Contract
Table of Contents
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Key Differences
A Contract is an explicit understanding between two or more entities, outlining their duties and rights concerning a particular matter. In contrast, a Quasi Contract isn't an actual agreement but a legal substitute for a contract formed to rectify situations where one party possesses something at the expense of another.
While a Contract arises from mutual consent, with parties willingly entering into an agreement, a Quasi Contract is imposed by law, irrespective of the parties' intention or agreement.
For a Contract to be valid, there typically need to be elements like offer, acceptance, consideration, and mutual consent. On the other hand, a Quasi Contract is created by the court when there's an absence of a formal contract but one party has received unjust benefits.
In essence, while a Contract establishes terms that parties have agreed upon, a Quasi Contract works to ensure fairness and equity, preventing one from benefiting at another's expense without agreement.
Comparison Chart
Origin
Arises from mutual agreement
Imposed by law
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Intention
Based on parties' intention to form an agreement
Not based on parties' intention
Elements
Offer, acceptance, consideration, mutual consent
Created by court in absence of formal contract
Nature
Explicit and defined
Implied and not based on explicit agreement
Purpose
To establish agreed terms
To prevent unjust enrichment without a formal agreement
Compare with Definitions
Contract
A legally binding agreement between parties.
She signed a contract to buy the house.
Quasi Contract
A remedy to unjust situations without explicit agreement.
The builder, not being paid, sought relief under a quasi contract.
Contract
A written or spoken arrangement.
Their verbal contract was based on trust.
Quasi Contract
An obligation ensuring fairness without mutual consent.
To avoid undue advantage, a quasi contract was established.
Contract
A mutual understanding with specified terms.
The employment contract outlined the job responsibilities.
Quasi Contract
A court-imposed agreement in absence of a real contract.
A quasi contract ensured she was compensated for the work.
Contract
An agreement between two or more parties, especially one that is written and enforceable by law.
Quasi Contract
A legal obligation imposed to prevent unjust enrichment.
The court created a quasi contract to ensure he paid for the services.
Contract
The writing or document containing such an agreement.
Quasi Contract
A notional contract formed by law.
Despite no formal agreement, a quasi contract required payment.
Contract
The branch of law dealing with formal agreements between parties.
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.
Contract
Marriage as a formal agreement; betrothal.
Contract
The last and highest bid of a suit in one hand in bridge.
Contract
The number of tricks thus bid.
Contract
Contract bridge.
Contract
A paid assignment to murder someone
Put out a contract on the mobster's life.
Contract
To enter into by contract; establish or settle by formal agreement
Contract a marriage.
Contract
To acquire or incur
Contract obligations.
Contract a serious illness.
Contract
To reduce in size by drawing together; shrink.
Contract
To pull together; wrinkle.
Contract
(Grammar) To shorten (a word or words) by omitting or combining some of the letters or sounds, as do not to don't.
Contract
To enter into or make an agreement
Contract for garbage collection.
Contract
To become reduced in size by or as if by being drawn together
The pupils of the patient's eyes contracted.
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
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.
Contract
(legal) The document containing such an agreement.
Contract
(legal) A part of legal studies dealing with laws and jurisdiction related to contracts.
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.
Contract
(bridge) The declarer's undertaking to win the number of tricks bid with a stated suit as trump.
Contract
(obsolete) Contracted; affianced; betrothed.
Contract
(obsolete) Not abstract; concrete.
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
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”.
Contract
(transitive) To enter into a contract with. en
Contract
(transitive) To enter into, with mutual obligations; to make a bargain or covenant for.
Contract
(intransitive) To make an agreement or contract; to covenant; to agree; to bargain.
To contract for carrying the mail
Contract
(transitive) To bring on; to incur; to acquire.
She contracted the habit of smoking in her teens.
To contract a debt
Contract
(transitive) To gain or acquire (an illness).
Contract
To draw together so as to wrinkle; to knit.
Contract
To betroth; to affiance.
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.
Contract
To draw together so as to wrinkle; to knit.
Thou didst contract and purse thy brow.
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.
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.
Contract
To betroth; to affiance.
The truth is, she and I, long since contracted,Are now so sure, that nothing can dissolve us.
Contract
To shorten by omitting a letter or letters or by reducing two or more vowels or syllables to one.
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.
Contract
To make an agreement; to covenant; to agree; to bargain; as, to contract for carrying the mail.
Contract
Contracted; as, a contract verb.
Contract
Contracted; affianced; betrothed.
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.
Contract
A formal writing which contains the agreement of parties, with the terms and conditions, and which serves as a proof of the obligation.
Contract
The act of formally betrothing a man and woman.
This is the the night of the contract.
Contract
A binding agreement between two or more persons that is enforceable by law
Contract
(contract bridge) the highest bid becomes the contract setting the number of tricks that the bidder must make
Contract
A variety of bridge in which the bidder receives points toward game only for the number of tricks he bid
Contract
Enter into a contractual arrangement
Contract
Engage by written agreement;
They signed two new pitchers for the next season
Contract
Squeeze or press together;
She compressed her lips
The spasm contracted the muscle
Contract
Become smaller or draw together;
The fabric shrank
The balloon shrank
Contract
Be stricken by an illness, fall victim to an illness;
He got AIDS
She came down with pneumonia
She took a chill
Contract
Make smaller;
The heat contracted the woollen garment
Contract
Compress or concentrate;
Congress condensed the three-year plan into a six-month plan
Contract
Make or become more narrow or restricted;
The selection was narrowed
The road narrowed
Contract
Reduce in scope while retaining essential elements;
The manuscript must be shortened
Contract
A document detailing mutual obligations.
The contract specified payment terms and delivery dates.
Contract
A commitment enforceable by law.
Breaching the contract can lead to legal penalties.
Common Curiosities
Do both Contract and Quasi Contract have the same legal standing?
Yes, both can be enforced by law, but they originate differently.
Why are Quasi Contracts formed?
Quasi Contracts prevent unjust enrichment when there's no formal contract.
What establishes the foundation for a Contract and Quasi Contract?
A Contract is based on mutual agreement, while a Quasi Contract is law-imposed.
What happens if a Contract's terms are breached?
Breaching a Contract can lead to legal penalties based on its terms.
What are the typical elements for a valid Contract?
Offer, acceptance, consideration, and mutual consent are key elements.
Can parties avoid a Quasi Contract if they wish?
No, a Quasi Contract is imposed by law to ensure fairness, irrespective of parties' intentions.
How can one prove the existence of a verbal Contract?
Through witnesses, related documentation, or conduct consistent with the agreement.
Is consent important in a Quasi Contract?
No, a Quasi Contract doesn't consider mutual consent as it's imposed by law.
Can a Quasi Contract be converted into a formal Contract?
Parties can later form a formal contract, but it would be separate from the quasi-contractual obligation.
Can a Quasi Contract arise even if parties had no prior relationship?
Yes, it's created by courts to ensure equity, irrespective of prior interactions.
Does a Contract always need to be written?
No, contracts can be verbal or written, but written ones offer clearer proof.
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Written by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
