Agreement is one of the most important elements of a contract. It refers to the mutual understanding, consent, and meeting of the minds between the parties involved in a contractual relationship. But what if there is no express agreement between the parties? Can a quasi-contract still arise?
A quasi-contract, also known as an implied-in-law contract, is a legal fiction used to impose contractual obligations on parties who have not entered into an express agreement. It is not a true contract, but rather a legal remedy designed to prevent unjust enrichment or unjust detriment.
In a quasi-contract situation, the court will look for an implied or fictional agreement between the parties. This agreement may be inferred from the parties` conduct, the circumstances surrounding their relationship, or the law. Essentially, a quasi-contract is created when one party has received a benefit from the other party and it would be unjust for the recipient to retain that benefit without compensating the other party.
However, it is important to note that the presence of agreement is not always necessary for a quasi-contract to arise. In fact, some courts have held that an implied agreement is not required at all. Instead, the focus is on whether it would be unjust for one party to retain a benefit or avoid a detriment without compensating the other party.
For example, suppose a construction company mistakenly delivers building materials to the wrong site. The site owner accepts the materials and uses them in their own building project. Even though there was no express agreement between the construction company and the site owner, the court may impose a quasi-contractual obligation on the site owner to pay for the materials to prevent unjust enrichment.
In conclusion, the presence of agreement is not always necessary for a quasi-contract to arise. While some courts may require an implied agreement, the focus is ultimately on preventing unjust enrichment or unjust detriment. So, if you find yourself in a situation where you have received a benefit from another party without an express agreement, it`s important to consult with a legal professional to determine if a quasi-contractual obligation may apply.