Generally,
the agreement, which fulfills certain essential elements is called a contract.
But certain cases create a contract without any essential elements of a valid
contract, it is called “quasi-contract’. In such a contract there is no meeting
of mind, no offer, and acceptance, no free consent, no intention to create
legal relation and even parties have no intention to enter into a contract. It
comes into existence when one of the parties act activates the law. The parties
of a quasi-contract, sometimes are unknown to each other however they have some
rights and liabilities under some circumstance. Duty is more important and
promise is less important in such a contract. NCA termed it an ‘ indirect
contract. The basis of quasi-contract is the doctrine of unjust enrichment that
is, a person shall not be allowed to enrich himself unjustly at the expense of
another.
Reviewed by Bijay Munikar
on
September 26, 2020
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