2 quasi-contractquasi-contract Quasivertrag m, vertragsähnliches Schuldverhältnis n
3 quasi contractSMALLLAW/SMALL cuasi contrato
5 quasi contractquasi contract vertragsähnliches Verhältnis n
7 quasi-contractquasi-con.tract[kweizai k'ɔntrækt] n Law quase-contrato.
9 Quasi-Contract"Legal Lexicon":
QUASI-CONTRACT - A term used in the civil law. A quasi-contract is the act of a person, permitted by law, by which he obligates himself towards another, or by which another binds himself to him, without any agreement between them.
By the Civil Code of Louisiana, quasi-contracts are defined to be "the lawful and purely voluntary acts of a man, from which there results any obligation whatever to a third person, and sometime a reciprocal obligation between the parties." In contracts, it is the consent of the contracting parties which produces the obligation; in quasi-contracts no consent is required, and the obligation arises from the law or natural equity, on the facts of the case. These acts are called quasi-contracts, because, without being contracts, they bind the parties as contracts do.
Quasi-contracts may be multiplied almost to infinity. They are, however, divided into five classes: such "relate to the voluntary and spontaneous management of the affairs of another, without authority; the administration of tutorship; the management of common property; the acquisition of an inheritance; and the payment of a sum of money or other thing by mistake, when nothing was due.
- 1. Negotiorum gestio. When a man undertakes of his own accord to manage the affairs of another, the person assuming the agency contracts the tacit engagement to continue it, an& complete it, until the owner shall be in a condition to attend to it himself. The obligation of such a person is, 1st. To act for the benefit of the absentee. 2d. He is commonly answerable for the slightest neglect. 3d. He is bound to render an account of his management. Equity obliges the proprietor, whose business has been well managed, 1st. To comply with the engagements contracted by the manager in his name. 2d. To indemnify the manager in all the engagements he has contracted. 3d. To reimburse him all useful and necessary expenses.
- 2. Tutorship or guardianship, is the second kind of quasi-contracts, there being no agreement between the tutor and minor.
- 3. When a person has the management of a common property owned by himself and others, not as partners, he is bound to account for the profits, and is entitled to be reimbursed for the expenses which he has sustained by virtue of the quasi-contract which is created by his act, called communio bonorum.
- 4. The fourth class is the aditio herreditatis, by which the heir is bound to pay the legatees, who cannot be said to have any contract with him or with the deceased.
- 5. Indebiti solutio, or the payment to one of what is not due to him, if made through any mistake in fact, or even in law, entitles him who made the payment to an action against the receiver for repayment, condictio indebiti. This action does not lie, 1. If the sum paid was due ex equitate, or by a natural obligation. 2. If he who made the payment; knew that nothing was due, for qui consulto dat quod non, debebat, proesumitur donare.
Each of these quasi-contracts has an affinity with some contract; thus the management of the affairs of another without authority, and tutorship, are compared to a mandate; the community of property, to a partnership; the acquisition of an inheritance, to a stipulation; and the payment of a thing which is not due, to a loan.
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10 quasi contract"LAW.COM Dictionary":
n. a situation in which there is an obligation as if there was a contract, although the technical requirements of a contract have not been fulfilled.
See also: contract quasi
11 quasi-contractквазидоговор (обязанность, не зафиксированная в специальном контракте, но которую нужно исполнять при определенных обстоятельствах) (юридическое) правоотношения, сходные с договорными quasi-contract квази-договор
12 quasi-contractэк., юр. квазидоговор, квазиконтракт (обязательство, которое создается законом в отсутствие формального контракта, обычно чтобы не допустить несправедливое ущемление интересов одной из сторон)Syn:See:* * *. . Словарь экономических терминов .
13 quasi-contractJur. quasi-contrat
15 Quasi-contract"JURIST's browsable dictionary":
An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties.
16 quasi contractквазиконтракт: обязательство, которое создается законом в отсутствие формального контракта для недопущения несправедливого обогащения одного лица за счет другого.
17 quasi contract
20 quasi-contractквазіугода, квазіконтракт
Look at other dictionaries:
quasi contract — see contract Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. quasi contract n … Law dictionary
quasi-contract — like contract. A very contentious term at present, it describes cases where parties have an obligation that resembles contract but where there is actually no contract at all. In England it was (and still is) predominantly used for cases involving … Law dictionary
quasi contract — n. Law an obligation, equivalent to a contractual obligation, created by law in the absence of a contract, to prevent unfair gain by one party at the expense of another … English World dictionary
Quasi-contract — A quasi contract, also called an implied in law contract,E. Marshall Wick, Notes for BUS 447, Gallaudet University, found at [http://homepage.gallaudet.edu/Marshall.Wick/bus447/quasi.html Gallaudet University Website] . Accessed June 30, 2008.]… … Wikipedia
quasi contract — Legal fiction invented by common law courts to permit recovery by contractual remedy in cases where, in fact, there is no contract, but where circumstances are such that justice warrants a recovery as though there had been a promise. It is not… … Black's law dictionary
Quasi Contract — A legal agreement created by the courts between two parties who did not have a previous obligation to each other. A normal contract requires two parties to consent to mutually agreeable terms. Under a quasi contract, neither party is originally… … Investment dictionary
quasi contract — /kwazi ˈkɒntrækt/ (say kwahzee kontrakt) noun an obligation imposed by a court without the mutual assent of the parties, as if a retrospective contract, in order to prevent an injustice. Also, quasi contract … Australian English dictionary
quasi-contract — quaˈsi contract noun (law) A concept which allows a plaintiff to recover money from a defendant if non payment would confer an unjust benefit on the latter • • • Main Entry: ↑quasi … Useful english dictionary
quasi contract — noun a contract created by law for reasons of justice without any expression of assent • Hypernyms: ↑contract … Useful english dictionary
quasi contract — Law. an obligation imposed by law in the absence of a contract to prevent unjust enrichment. [1720 30] * * * … Universalium
quasi-contract — noun An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties … Wiktionary