Difference between Contract and quasi Contract.

Contract Quasi Contract

Results from the will of the parties
expressed with a view to create an
obligation
Is an agreement
Has certain essential elements
Is a full fledged contract and is binding
Is an obligation resembling that created
by a contract
There is no agreement at all.
Essentials for formation of contracts are
absent
Resembles a contract. Not a full fledged
contract. Is an implied contract.

Illustration
A victim slips on a banana leaf and falls down the stairs. A doctor who is walking by
gives an emergency treatment. Doctor does not enter onto a contract with the victim.
Doctor could now recover feees for his services on the grounds of unjust enrichment.
This is a quasi contract. The court creates a fictional contract to grant benefits to the
doctor.

Types of Quasi Contracts:

1. Supply of Necessities (Sec68)
2. Payment by an interested Person (Sec 69)
3. Obligation to pay for Non Gratuitous act ( Sec 70)
4. Responsibility of finder of goods (Sec 71)
5. Mistake or Coercion (Sec 72)
His Liabilities:
- Responsible to take care of the goods as if they were his own.
- Must with reasonable diligence trace the true owner.
Salient Features of Quasi Contractual Rights:

1. A quasi contract is not a real contract.

2. It is not based on the offer and acceptance rule.
3. It does not arise from any formal agreement, but it is imposed by law.
4. It is a right which is available not against the entire world, but against
particular person only.

Doctrine of Quasi Contract:

1. Unjust Enrichment – Declares that a person shall not be allowed to enrich

himself at the expense of unknown parties.
2. Quantum Merit – Means the actual value of services performed. It determines
the amount to be paid for services when no contract exits or whe there is doubt
as to the amount due for the work performed but done under circumstances
when payment could be expected.