Legal Definitions - quasi-crime

The term quasi ex contractu (pronounced KWAH-see eks kon-TRAK-too) refers to situations where the law creates an obligation between parties that resembles a contractual obligation, even though no actual contract was ever formed by their mutual agreement.

Essentially, it means "as if from a contract." The law imposes these obligations, not because the parties agreed to them, but typically to prevent one party from unfairly benefiting at the expense of another (a concept known as "unjust enrichment") or to ensure fairness in certain circumstances. These are not true contracts, but rather legal fictions used to achieve a just outcome.

• Example 1: Mistaken Payment

  Imagine a utility company accidentally sends a refund check for $500 to the wrong customer, Mr. Smith. Mr. Smith did not request a refund, nor did he enter into any agreement with the utility company to receive this money. When the utility company realizes its error, the law imposes an obligation on Mr. Smith to return the $500. This obligation arises quasi ex contractu because, while there was no actual contract for Mr. Smith to return the money, the law treats the situation as if there were, to prevent Mr. Smith from being unjustly enriched by the company's mistake.

• Example 2: Emergency Medical Services

  Consider a scenario where a person collapses unconscious in a public park and is rushed to the nearest hospital. The hospital provides immediate, life-saving medical treatment. Upon recovery, the patient receives a bill for the services rendered. Since the patient was unconscious, they could not have formally agreed to a contract for medical services. However, the law implies an obligation for the patient to pay for the necessary medical care received. This is a quasi ex contractu obligation, as the law treats it as if a contract for services existed, ensuring that healthcare providers are compensated for essential care provided in emergencies.

• Example 3: Unrequested Property Improvement

  Suppose a roofing contractor is hired to replace the roof on Ms. Davis's house. Due to a misreading of the address, the contractor mistakenly replaces the roof on her neighbor, Mr. Chen's, identical house next door. Mr. Chen was away on vacation and did not request or agree to this work. When Mr. Chen returns, he finds a brand new roof on his home, significantly increasing its value. The law may impose an obligation on Mr. Chen to pay the contractor for the reasonable value of the new roof. This obligation is quasi ex contractu because, even without a contract between Mr. Chen and the contractor, the law prevents Mr. Chen from unjustly benefiting from the contractor's work without providing compensation.