quasi-contract

law

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July 13, 2026

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Quasi-contract refers to obligations that arise without a formal agreement between parties, differing from traditional contracts. In Roman law, quasi-contracts were a category of obligations alongside delicts (wrongful acts) and contracts (agreements).1

These obligations did not stem from mutual consent but were recognized by law to prevent unjust enrichment. A key example is negotiorum gestio, where one person manages another's affairs without authorization but can claim reimbursement. Another example is the recovery of payments mistakenly made, known as condictio indebiti. This concept of unjust enrichment significantly influenced legal thought.1

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Roman law
Delict and contract
Quasi-contract embraced obligations that had no common feature save that they did not properly fall under contract, because there was no agreement, or under delict, because there was no wrongful act. The most noticeable examples were, first, negotiorum gestio, which enabled one who intervened without…
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Quasi-contract embraced obligations that had no common feature save that they did not properly fall under contract, because there was no agreement, or under delict, because there was no wrongful act. The most noticeable examples were, first, negotiorum gestio, which enabled one who intervened without…
Read More