Quasi Contract - Law Dictionary Search Results
Home Dictionary Name: quasi contractQuasi-contract
Quasi-contract, an act which has not the strict form of a contract, but yet has the effect of it; an implied contract.Means that a man in certain cases is bound as if he had made a contract, though in fact no contract was made. 'Unjust enrichment' or 'restitution' are suggested as alternative expressions, Kamalpur (Assam) Tea Estate Private Ltd., Jorhat v. Supdt of Taxes, Jorhat, (1988) 1 Gau LR 290....
quasi contract
quasi contract see contract ...
contract
contract [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com- with, together + trahere to draw] 1 : an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty ;also : a document embodying such an agreement see also accept, bargain, breach, cause, consent, consideration, duty, meeting of the minds, obligation, offer, performance, promise, rescind, social contract, subcontract Uniform Commercial Code in the Important Laws section NOTE: Contracts must be made by parties with the necessary capacity (as age or mental soundness) and must have a lawful, not criminal, object. Except in Louisiana, a valid contract also requires consideration, mutuality of obligations, and a meeting of the minds. In Louisiana, a valid contract requires the consent of the parties and a cause for the contract in addition to c...
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
offense
offense or of·fence [ə-fens] n 1 : a violation of the law ;esp : a criminal act [nor shall any person be subject for the same to be twice put in jeopardy "U.S. Constitution amend. V"] see also lesser included offense 2 in the civil law of Louisiana : an intentional unlawful act that causes damage to another and for which the law imposes an obligation for damages compare quasi contract at contract, quasi-offense NOTE: Breach of contract, offenses, quasi-offenses, and quasi contracts are the bases for civil liability under the civil law. Offenses and quasi-offenses are comparable to common-law torts. ...
Quasi
As if as though as it were in a manner sense or degree having some resemblance to qualified used as an adjective or a prefix with a noun or an adjective as a quasi contract an implied contract an obligation which has arisen from some act as if from a contract a quasi corporation a body that has some but not all of the peculiar attributes of a corporation a quasi argument that which resembles or is used as an argument quasi historical apparently historical seeming to be historical...
virile share
virile share [partial translation of French part (or portion) virile equally alloted share (as in an intestate inheritance), from Latin pars virilis, literally, male's share] in the civil law of Louisiana : an amount for which a solidary obligor (as a partner) is liable: as a : an amount due from the obligor under a solidary obligation (as a debt) arising from a contract or quasi contract that is equal to that of each other obligor unless there is an agreement or judgment to the contrary b : an amount based on the proportionate fault of the obligor when the obligation arises from an offense (as in negligence) or quasi-offense called also virile portion ...
assumpsit
assumpsit [Medieval Latin, he/she undertook] : an express or implied promise or contract or quasi contract the breach of which may be grounds for a suit ;also : a common-law action that may be brought for such a breach compare covenant, debt NOTE: The action of assumpsit developed in early English law and is still available in the U.S. in some jurisdictions. ...
unjust enrichment
unjust enrichment 1 : the retaining of a benefit (as money) conferred by another when principles of equity and justice call for restitution to the other party ;also : the retaining of property acquired esp. by fraud from another in circumstances that demand the judicial imposition of a constructive trust on behalf of those who in equity ought to receive it see also quasi contract 1 at contract 2 : a doctrine that requires an equitable remedy on behalf of one who has been injured by the unjust enrichment of another ...
Promutuum
Promutuum, a quasi-contract, by which he who receives a certain sum of money, or a certain quantity of fungible things, delivered to him through mistake contracts the obligation of restoring as much.It resembles the contract of mutuum: (1) That in both a sum of money or some fungible things are required. (2) That in both there must be a transfer of the property in the thing. (3) That in both there must be returned the same amount or quantity of the thing received, Civ. Law....
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