Differences between Contracts and Quasi Contracts.

CONTRACT:

1. A contract is a contract between two parties. In contract, always there is an agreement between the parties.

2. In contract, always there is an agreement between the parties.

3. In contract, the parties must give their consent to it.

4. In contract, the liability exists between the parties by the terms of the parties.

5. Examples: A sells his house to B for certain consideration. It is a contract. The consumers purchase the goods and services from the shop-owners.

6. It is right in rem, and also right in personam.

7. Essentials of Contract-

• Free consent.
• The parties must be competent.
• There must be lawful consideration and lawful object.
• The agreement must not expressly be declared to be void.

QUASI CONTRACTS:

1. A quasi-contract is not a real contract. Quasi contracts are also known as constructive contracts or certain relations resembling those created by contracts.

2. Where as in quasi-contract, there is no agreement between the parties.

3. Where as in quasi-contract, the parties do not consent.

4. In quasi-contract the liability exists independent of the agreement and rests upon equity, justice and good conscience.

5. Example: A is a lunatic and met an accident. Then X spends taka 1,000 for A’s treatment. X can claim this amount from his parents or A’s property.

6. It is right in personam. I.e. strictly available against a person and is not available against the entire world.

7. Essentials of quasi contracts-

• It is imposed by law. It is not created by contract.
• It is a right in personam.
• The person who incurs expenses is entitled to receive money.