Quasi-contract Flashcards
(10 cards)
Q: What is the essential feature of a quasi-contract as opposed to an ordinary contract?
A: In a quasi-contract, there is no consent between the parties; instead, the law or equity imposes an obligation.
Q: Which French jurist’s writings are frequently cited by Jersey courts to explain the nature of quasi-contract?
A: Pothier. His definition emphasizes that a quasi-contract is imposed “without any agreement intervening between the parties,” purely by operation of law or natural equity.
Q: Which Jersey case explicitly recognized that quasi-contract is part of Jersey law, referencing the Coutumes d’Orléans for guidance on its scope?
A: Gale v Rockhampton Apartments.
Q: Which principle related to property use did the Court of Appeal classify as a form of quasi-contract in Gale v Rockhampton Apartments?
A: The doctrine of voisinage, meaning a property owner must not use their land to injure an adjoining owner’s land.
Q: Name two other Jersey decisions that recognized or applied quasi-contract principles.
A:
Golder v Société des Magasins Concorde Limited888
Louis v Le Liard889 (involving a quantum meruit claim)
Q: In Louis v Le Liard, what concept did the court use that is closely associated with quasi-contract?
A: Quantum meruit – the idea that someone who has provided services should be fairly compensated, implying a contractual obligation where no express contract exists.
Q: What key point did the Royal Court highlight in Classic Herd Limited v Milk Marketing Board regarding when a quasi-contract claim can be brought?
A: A quasi-contract (like unjust enrichment) is normally allowed only when no other remedy (such as a contractual or statutory claim) is available. If a statutory remedy exists, the courts will generally not create a new quasi-contractual action.
Q: According to the courts, what underlies quasi-contract and justifies imposing obligations without mutual consent?
A: Natural equity or equité, preventing injustice where strict contractual doctrines do not apply.
Q: How did Pothier distinguish between a contract and a quasi-contract?
A: In a contract, obligations arise from the parties’ consent. In a quasi-contract, there is no consent, and it is the law or equity alone that creates the obligation.
Q: True or False: Under Jersey law, quasi-contract is recognized solely under customary Normandy law.
A: False. Normandy’s customary law is largely silent on quasi-contract. Jersey courts have instead drawn on French doctrines (like Pothier and the Coutumes d’Orléans) and judicial precedent to confirm quasi-contract’s application.
