Quasi Contract Vs Contract
2022年7月18日
When it comes to legal agreements, there are two main types: contracts and quasi contracts. While they may sound similar, there are distinct differences between the two.
A contract is a legally binding agreement between two or more parties that outlines the terms and conditions of a particular transaction or relationship. Contracts can be verbal or written, but it`s always best to have a written contract to avoid ambiguity or misunderstandings.
On the other hand, a quasi contract is not a true contract, but rather a legal concept that is used to prevent one party from unjustly benefiting from another party`s actions. It arises when there is no actual contract between the parties, but the law implies a contract to prevent injustice.
The key difference between a contract and a quasi contract is that a contract is a voluntary agreement that is intentionally created by the parties, while a quasi contract is not based on an actual agreement. Instead, it is a legal fiction that is used to prevent one party from unjustly benefiting from the actions of another party.
Another difference between the two is that a contract requires consideration, which is something of value that each party gives to the other to make the contract valid. In contrast, a quasi contract does not require consideration because it is not a true contract.
In terms of enforcement, a contract is enforceable in court as long as it meets certain legal requirements, such as being in writing and signed by all parties. In contrast, a quasi contract is not enforceable as a contract, but rather as a remedy to prevent unjust enrichment.
In conclusion, while both contracts and quasi contracts involve legal agreements, they are different in nature and purpose. A contract is a voluntary agreement between parties, while a quasi contract is a legal concept used to prevent injustice when there is no actual agreement. It`s important to understand the differences between the two to ensure that your legal agreements are properly executed and enforced.