Features of Quasi Contracts
Even in the absence of a contract, certain social relationships give rise to certain specific obligations to be performed by certain persons. These are known as quasi-contracts as they create the same obligations as in the case of regular contract. (Features of Quasi Contracts)
In the words of Anson, ”Circumstances must occur under any system of law in which it becomes necessary to hold a person to be accountable to another without any agreement on the part of the former to be so accountable on the ground that otherwise he would be retaining money or some other benefit which has come into his hands to which the law regards the other person as better entitled, or on the ground that contracts exist to provide remedies in circumstances of the kind.”
Quasi-contracts are based on principles of
Principles of equity, justice, and good conscience. Features of Quasi Contracts
(a) A quasi-contract is not a real contract.
(b) It is not based on express or implied intentions of the parties.
(c) It is not based upon the offer and acceptance rule.
(d) It lacks one of the essentials of a valid contract i.e. consent of the parties.
(e) It doesn’t arise from any formal agreement but is imposed by law.
(f) The right under it is available against the specific person(s) and not against the world.
(g) A suit for its breach may be filed in the same way as in case of a general contractor.