(v) If an act, decision, order or proclamation, etc., takes a form almost analogous to judicial or judicial proceedings, except by a judicial authority or judicial proceeding, these situations are described as “quasi”. For example, a quasy judicial proclamation. The Latin word (kway-zeye, kwah-zee) means “as if” is a substituted identity. [Latin, almost, so to speak; as if; analogous to.] In a legal sense, the term refers to the fact that a subject has certain characteristics in common with another subject, but that there are intrinsic and material differences between them. These contracts are also known as constructive contracts because they arise when there is no contract between the two parties involved. However, if an agreement already exists, a quasi-contract usually cannot be performed. On this page you will find the legal definition and meaning of quasi, written in simple English, as well as examples of how it is used. A classic quasi-contractual circumstance can arise from the delivery of a pizza to the wrong address, that is to say not to the person who paid for it. If the person at the wrong address does not notice the mistake and instead keeps the pizza, it could be assumed that he has accepted the food and is therefore obliged to pay for it. A court could then decide to issue a quasi-contract requiring the recipient of the pizza to reimburse the cost of the food to the party who purchased it or to the pizzeria if it subsequently delivers a second cake to the buyer. The restitution ordered in the quasi-contract is intended to provide an equitable solution to the situation. Certain aspects must be present for a judge to issue a quasi-contract: since the agreement is built in court, it is legally enforceable, so neither party has to accept it.
The purpose of quasi-contract is to achieve an equitable result in a situation where one party has an advantage over another. The defendant – the party who acquired the property – must reimburse the plaintiff who is the aggrieved party to cover the value of the item. According to common law jurisprudence, quasi-contracts originated in the Middle Ages in a form of action known in Latin as indebitatus assumpsit, which translates as debt or debt. This legal principle was the way in which the courts made one party pay to the other, as if a contract or agreement already existed between them. The defendant`s obligation to be bound by the contract is therefore considered implied by law. From the outset, quasi-contracts were generally imposed to enforce restitution obligations. A quasi-contract is an obligation imposed by law in the absence of an agreement. Their purpose is to create a legal obligation when in fact no commitment or agreement has been concluded between the parties. A quasi-contract is also called an implied contract.
It would be ordered that the defendant be ordered to compensate the plaintiff. Restitution, known in Latin as quantum meruit or amount earned, is calculated based on the amount or extent to which the defendant has been unjustly enriched. “Quasi-legislative”. Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/quasi-legislative. Retrieved 14 January 2022. A quasi-contract is a retroactive agreement between two parties who have no prior obligation to each other. It is created by a judge to correct a circumstance in which one party acquires something at the expense of the other. A quasi-contract is a court-imposed document designed to prevent one party from taking undue advantage at the expense of another party, even if there is no contract between them. The word quasi is Latin for “as if” meaning, almost equal, but not perfectly equal. In law, it is used as a prefix or adjective to inform a certain degree of similarity to a critical difference. A quasi-article is not an exact example of the article, but it is close to the article minus some critical elements of the article. For example, in a quasi-contract, a legally implied contract, or an implied contract, there is a legal or equitable obligation to waive to prevent unjust enrichment.
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