Also known as:quasi contract theory · quasi-contract theories · quasi contract theories · quasi-contract · quasi contract
Written by attorneys · grounded in primary & secondary sources — see below
A restitutionary doctrine that imposes an obligation to pay the reasonable value of benefits conferred to prevent unjust enrichment when no enforceable contract exists between the parties.
Sources & Authorities
How it applies
Common Examples
2
Broken Engagement Recovery
Quade Quimby and Quinlan Quezada became engaged after two years of collaboration. Quade quit a stable job and spent personal savings on wedding preparations and relocation costs at Quinlan's repeated urging tied to their upcoming marriage. Quinlan then ended the engagement. Quade sues for breach of promise. The court allows recovery of actual expenditures under quasi-contract theory because the action functions as a quasi-contract claim permitting restitution for reliance losses even without an enforceable marital contract.
Unjust Enrichment After Avoidance
Quoc Quan and Quartz Energy negotiated a long-term energy lease. Quartz began construction of access roads and foundations relying on the lease. Both parties later discovered a mutual mistake about site conditions. Quoc avoided the lease. Quartz sues for the value of the improvements. The court awards restitution in quasi-contract measured by the benefit retained on the land to prevent unjust enrichment after contract avoidance.
Put it into practice
Test Yourself
9
Practice Questions5
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Common Law
Hornbooks
Course Outlines
Watts v. Watts137 Wis. 2d 506, 405 N.W.2d 303 (1987)
Common questions
Frequently Asked
4
When is quasi-contract recovery available instead of contract damages?+
Quasi-contract recovery is available when no enforceable contract exists yet one party has conferred a measurable benefit that the other retains under circumstances making retention unjust. Courts measure recovery by the value of the benefit to the recipient rather than the plaintiff's lost expectation.
Supporting sources
Does quasi-contract allow recovery of expected profits from a never-formed deal?+
No. Quasi-contract focuses solely on stripping unjust enrichment from the recipient. It does not reconstruct hypothetical contract profits or award expectation damages because no contract was formed.
Supporting sources
How does quasi-contract interact with the statute of frauds in land deals?+
Quasi-contract provides an alternative monetary remedy for the value of improvements when specific performance is unavailable due to the statute of frauds. It prevents unjust enrichment without enforcing the oral promise itself.
Supporting sources
Can a party recover in quasi-contract after avoiding a contract for mutual mistake?+
Yes. Once a contract is avoided, the performing party may recover in quasi-contract the reasonable value of benefits conferred by part performance to restore the status quo and prevent unjust enrichment.
Supporting sources
ContractsFormation of contracts · Indefiniteness and absence of termsUBEIntermediate