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   It is an obligation, which the law creates in the
    absence of the agreement.

   It can be described as, “certain contracts
    resembling those created by the contract.”

   Its is based on the maxim, “nomo debet
    locuplatari ex liena justua.”
   Literally means, “as much as earned” or “as much as
    merited”
   The party can claim remuneration when the party
    when it has completed his part of the duties & the
    other party repudiates the contract or due to some
    event the performance of contract becomes impossible.
   The right to claim quantum merit does not arise out of
    control as the right damages does; it is a claim on quasi
    contractual obligation which the law implies in
    circumstances
   When an agreement is discovered to be void.
    (Section 65)
   When something is done without any intention to do
    so gratuitously (Section 70).
   When there is an express or implied contract to render
    services but there is no agreement as to remuneration.
   When the completion of the contract has been
    prevented by the act of the other party to the contract.
   When a contract is divisible.
   When an indivisible contract is completely performed
    but badly.
(Quasi - Contract)Indian Contract Act, 1872

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(Quasi - Contract)Indian Contract Act, 1872

  • 1.
  • 2. It is an obligation, which the law creates in the absence of the agreement.  It can be described as, “certain contracts resembling those created by the contract.”  Its is based on the maxim, “nomo debet locuplatari ex liena justua.”
  • 3.
  • 4.
  • 5.
  • 6.
  • 7.
  • 8.
  • 9.
  • 10.
  • 11.
  • 12. Literally means, “as much as earned” or “as much as merited”  The party can claim remuneration when the party when it has completed his part of the duties & the other party repudiates the contract or due to some event the performance of contract becomes impossible.  The right to claim quantum merit does not arise out of control as the right damages does; it is a claim on quasi contractual obligation which the law implies in circumstances
  • 13. When an agreement is discovered to be void. (Section 65)  When something is done without any intention to do so gratuitously (Section 70).  When there is an express or implied contract to render services but there is no agreement as to remuneration.  When the completion of the contract has been prevented by the act of the other party to the contract.  When a contract is divisible.  When an indivisible contract is completely performed but badly.

Editor's Notes

  1. It is not a contract in strict sense of term because there is no real contract in existence. A contract is intentionally entered into, where as a quasi-contract on other hand is created by law, moreover there is no intention of parties to enter into a contract. The Indian Contract Act doesn’t use the term Quasi-Contract for such obligation. In simple language these have been named quasi-contract because although there is no contract or agreement between the parties, they are put in position as if there was a contract between them. This maxim literally means “no man should grow rich at another persons costs.” In other words, a person shall not be allowed to enrich at the expense of another.