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Quasi-Contract Is Another Term for an Implied-In-Fact Contract

2023年6月20日

Quasi-contract is another term for an implied-in-fact contract, and although the two may seem interchangeable, there are some significant differences between them.

An implied-in-fact contract is an agreement between two parties, which is not necessarily written or verbally expressed, but it is implied through the actions and behavior of the parties. For instance, when you go to a restaurant, there is an implied-in-fact contract that you will pay for the food and services rendered. It is understood that you will pay for the services, and the restaurant, in turn, will provide the food and other services.

On the other hand, a quasi-contract is a legal fiction that is used by courts to prevent one party from receiving unjust enrichment at the expense of the other party. In other words, it is a contract that is created by the court, not by the parties themselves. For example, if you hire a contractor to paint your house, and you pay for the services, but the contractor fails to complete the job, the court may use a quasi-contract to require the contractor to pay you back for the services not rendered.

The concept of quasi-contract is based on the principle that no one should benefit at the expense of another. If one party receives a benefit from the other party, it is only fair that the receiving party compensates the other party for the benefit received. Therefore, a quasi-contract is used to create an obligation to pay for a benefit received, even if there was no express agreement to do so.

In conclusion, while the terms quasi-contract and implied-in-fact contract may seem similar, they are different in nature. An implied-in-fact contract is an agreement that is understood but not necessarily expressed, while a quasi-contract is a legal fiction that is used to prevent one party from receiving unjust enrichment. As a copy editor, it is crucial to understand the difference between these terms to ensure that the content is accurate and informative for the readers.

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