Also known as: quasi-contract · quasi contract · quasicontract · implied-in-law contract · implied in law contract · implied in-law contract · implied-in-law · restitution · unjust enrichment
Written by attorneys · grounded in primary & secondary sources — see below
A legal fiction created to prevent unjust enrichment by requiring a party who received a benefit to make restitution even though no actual contract exists between the parties.
Ellie provided emergency medical care to Nathan after a crash without any prior request. Nathan later signed a letter promising payment for her lost wages. A court awards compensatory damages measured as restitution for the value of services to compensate harm sustained.
After a pending divorce, a testator attempted by will to leave a house held in tenancy by the entirety to a third party. Upon the testator's death the surviving spouse receives the property by operation of law. Equity refuses to impose a constructive trust because no unjust enrichment occurred.
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Both parties to a land contract mistakenly believed a parcel contained valuable mineral rights. After discovering the error the buyer seeks rescission. The court accounts for restitution of any payments made so that neither party retains an unearned benefit from the mistaken exchange.
A developer imposes a servitude requiring maintenance of a common green space. When an owner refuses to contribute, neighboring owners seek remedies. The court may award restitution measured by the benefit the nonpaying owner received from the maintained space.
After an engagement ends, one party seeks recovery for wedding preparations and reputational harm. In a jurisdiction retaining the action the court treats the claim as quasi-contract and awards actual expenditures to prevent unjust enrichment from the broken promise.
A lawyer learns from a client that another attorney misappropriated funds and entered a private restitution agreement. The lawyer must still report the misconduct. Any private restitution agreement does not override the duty because the obligation requires disclosure to address misappropriated funds.
A court enforces such a promise to the extent necessary to prevent injustice when the promisor received a benefit and the promisee conferred it without gift intent. The promise supplies the basis for recovery even without traditional consideration.
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No. When substantial, foreseeable reliance occurs and restitution alone would not prevent injustice, courts may enforce the promise itself despite the absence of a writing.
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The later purchaser may obtain an equitable lien measured by payments and visible improvements to prevent unjust enrichment of the prior claimant even though the land itself goes to the earlier interest.
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…by the plaintiff’s expenditures or change of position in reliance as well as by the value to him of the promised performance. Restitution is also an ‘enforcing’ remedy, although it is often said to be based upon some kind of a rescission. In determining what justice requires, the court must remember all of its powers, derived…