Also known as: quasi contract · quasicontract · quasi-contracts · implied-in-law contract · unjust enrichment
Written by attorneys · grounded in primary & secondary sources — see below
A legal obligation imposed by courts to prevent unjust enrichment when one party has conferred a benefit on another under circumstances making retention of the benefit inequitable. The obligation arises without regard to any agreement between the parties and permits recovery measured by the value of the benefit conferred or the sum necessary to restore the status quo.
Quinton Quinones delivered specialized equipment to Quartz Energy under a canceled supply arrangement. Quartz retained and used the equipment after the deal fell through. A court orders Quartz to return the identical equipment to Quinton to prevent unjust enrichment from the retained property.
Quillan Quick conferred improvements on property held with his spouse. After the relationship ended, the surviving spouse retained the enhanced value without compensation. A court imposes a quasi-contract obligation requiring payment equal to the benefit received to prevent unjust enrichment.
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Quentin Quinn and Quintana Quest became engaged. Quintana made substantial expenditures preparing for the wedding before Quentin ended the engagement. In a jurisdiction retaining the action, Quintana recovers her actual outlays as part of the quasi-contract component of the claim.
Quest Pharmaceuticals received and used proprietary research data supplied by Quoc Quan during failed licensing talks. No contract was formed. A court awards Quoc a sum of money equal to the value of the data to prevent Quest from retaining the benefit without payment.
QuickFreight performed extensive shipping services for Aluminum Company of America before a pricing dispute ended the relationship. No enforceable contract covered the final shipments. A court awards QuickFreight the reasonable value of the services to prevent the company from retaining the benefit without compensation.
Corporate officers received and used confidential information supplied during negotiations that later collapsed. No contract covered the use. A court awards a sum measured by the value of the benefit to prevent retention without compensation.
Quasi-contract is not a contract at all. It is an obligation imposed by law solely to prevent unjust enrichment even though the parties never manifested assent. An implied-in-fact contract is a true contract formed by conduct that shows mutual agreement.
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The plaintiff must show that a benefit was conferred on the defendant, that the defendant knew of or appreciated the benefit, and that retention of the benefit would be inequitable under the circumstances.
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No. When an enforceable express contract covers the same subject matter, courts generally refuse quasi-contract recovery because the parties' rights are governed by the contract itself.
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Courts award restitution measured either by the reasonable value of the benefit conferred or by the amount necessary to prevent unjust enrichment, which may be a sum of money or restoration of specific property.
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Generally no. Quasi-contract is restitutionary and focuses on restoring the benefit received rather than punishing wrongful conduct, although related tort claims may permit punitive damages in appropriate cases.
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…it is unclear whether Ecuadorean tribunal will hear the case, and there is no generally codified Ecuadorean legal remedy for the unjust enrichment and tort claims asserted). [^maj-23]: In Koster , we stated that “[i]n any balancing of conveniences, a real showing of convenience by a plaintiff who has sued in his home forum will…