Let us learn about the contracts and quasi contracts before understanding the differences between them.
It is an agreement between more than one party. Contracts are made with lawful considerations and objects between parties.
The essential elements in the contracts are as follows −
Quasi contracts are pseudo contracts which means technically speaking, there is no contract but resembles one.
The elements of quasi contract are as follows −
The features of quasi contract are as follows −
The major differences between contract and quasi contract are as follows −
|1||Two or more parties will come together for common intention and generate an agreement.||Not a real contract.|
|2||It is always an agreement between the parties.||No agreement between parties.|
|3||Parties will give their consent.||Parties’ consent is not required.|
|4||Liability exists between parties by terms.||Liability is independent of agreement.|
|5||It is created by the operation of a contract.||It is not created by the operation of a contract.|
|6||It includes right in rem and right in personal.||It includes only right in personal.|
|7||It is defined in section 2 (h) in Indian Contract Act, 1872.||Legal Scholar John Salmond defines quasi contracts as “certain obligations which are not in truth contractual in the sense of resting on agreement, but which law treats as if they were”.|
|8||It has free consent.||It is imposed by law.|
|9||Parties must be competent||A person who is entitled will receive the incurred expenses.|
|10||Lawful considerations and lawful objects.||It is raised by legal fiction.|