Also known as: quasi contractual remedy · quasi-contractual remedies · quasi-contract · restitution · unjust enrichment
Written by attorneys · grounded in primary & secondary sources — see below
A remedy imposed by law to prevent unjust enrichment by requiring a party who has received a benefit to make restitution measured by the value of that benefit to the conferring party.
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Quinlan Quick performed framing work on a home for Quotient Analytics under an oral agreement later held unenforceable under the statute of frauds. After receiving the benefit of the labor and materials, the company refused further payment. The court awarded Quinlan the reasonable value of the work performed to prevent the company from retaining the benefit without compensation.
Quincy Quigley and his spouse held their home as tenants by the entirety. After filing for divorce Quincy executed a will devising his interest to Quest Capital. Quincy died before the divorce was final. The court refused to impose a constructive trust and instead allowed the surviving spouse to retain full title by operation of law, declining any quasi-contractual adjustment absent wrongful conduct.
Quintana Quest and Quiana Quach contracted for the sale of land both believed contained valuable timber. After discovering the timber had been removed years earlier, the buyer sought rescission. The court permitted avoidance and ordered restitution of the purchase price paid, accounting for any benefit the seller had received from the transaction.
Queenie Quick purchased a lot subject to a recorded servitude requiring maintenance of a common driveway. After the neighboring owner failed to contribute, Queenie paid for repairs and sued. The court awarded restitution of the neighbor's proportionate share, recognizing restitution as an available remedy to enforce the servitude.
Quiana Qualls accepted an engagement ring and incurred wedding expenses in reliance on a promise of marriage. When the promisor ended the relationship, Quiana sued. The court permitted recovery of actual expenditures under the quasi-contractual aspect of the action, limiting recovery to reliance losses rather than expected benefits.
A lawyer learned from a client that another attorney had misappropriated funds and agreed to a private restitution arrangement. The lawyer still reported the misconduct to disciplinary authorities. The court upheld the reporting duty, noting that a private restitution agreement does not override professional obligations or create a quasi-contractual bar to disclosure.
When a contract is unenforceable under the statute of frauds, a minority of jurisdictions limit the performing party to restitution measured by the benefit conferred rather than expectation damages.
Recovery is measured by the reasonable value of the benefit conferred on the defendant, not by the plaintiff's expectation or reliance losses.
No. The remedy arises by operation of law to prevent unjust enrichment even when no contract exists or the agreement is unenforceable.
…by the plaintiff’s expenditures or change of position in reliance as well as by the value to him of the promised performance. Restitution is also an ‘enforcing’ remedy, although it is often said to be based upon some kind of a rescission. In determining what justice requires, the court must remember all of its powers, derived…