Also known as: quasi contractual theory · quasi-contract theory · quasi-contract · quasi contract
Written by attorneys · grounded in primary & secondary sources — see below
A legal fiction that imposes an obligation to pay the reasonable value of benefits conferred to prevent unjust enrichment when no enforceable contract exists between the parties.
Quiana Quach and Quillan Quick became engaged after two years together. Quiana quit her job and spent $45,000 on wedding preparations and relocation at Quillan's urging. When Quillan ended the engagement, Quiana sued for actual damages. The court permitted recovery under quasi-contractual theory for the verifiable expenditures made in anticipation of the marriage.
Quinn Quigley and Quade Quincy lived together for twelve years. Quinn managed the household and contributed labor that increased the value of Quade's business. After separation, Quinn sought compensation for the services. The court allowed recovery on a quasi-contractual theory to prevent Quade from retaining the benefits without payment.
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Quinlan Quezada supported Quintana Quest through law school by covering living expenses and forgoing her own career advancement. After graduation the couple separated. Quintana retained the increased earning capacity. The court imposed liability on a quasi-contractual theory to restore the value of the support conferred.
Recovery is available when one party confers measurable benefits that the other retains under circumstances making retention unjust. Courts apply the theory to avoid leaving the contributing party without remedy after an invalid or nonmarital relationship ends.
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No. The theory limits recovery to actual expenditures and verifiable losses such as preparation costs or reputational harm. Expected social position or future financial advantages from the marriage itself are excluded.
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Once a contract is avoided, a party who conferred benefits through part performance may recover their reasonable value in restitution. The theory prevents the retaining party from being unjustly enriched by the value of those benefits.
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…or implied in fact agreement exists between the parties, recovery based upon unjust enrichment is sometimes referred to as "quasi contract,” or contract "implied in law” rather than "implied in fact.” Quasi contracts are obligations created by law to prevent injustice. Shellse v. City of Mayville , 223 Wis. 624, 632, 271…