Section 6.2 Definition and Elements of a Quasi-Contract

• Library: Contracts 2016 Supp

A. (§6.2) Definition and Elements of a Quasi-Contract

A quasi-contract is a legal fiction created by the courts primarily to prevent the unjust enrichment of one party at the expense of another. Westerhold v. Mullenix Corp., 777 S.W.2d 257, 263 (Mo. App. E.D. 1989); Bennett v. Adams, 362 S.W.2d 277, 281 (Mo. App. S.D. 1962). Liability under quasi-contract is “without regard to promise or intention of the party to be bound” and exists “simply in reason and justice.” Bennett, 362 S.W.2d at 281. Even though no real contractual obligation exists, the law treats the relationship between the parties as though a contract had been entered into and the duty in question is imposed by that...