Business Law Presentation Qusai Contract By: Sultan Ahmed (2203032) Adnan Abaas(2203084) Abdur Rehman (2203205) Umer Rehman (2203051) Introduction • A Quasi contract is a Retroactive arrangement between two parties who have no previous obligations to one another. It is created by a judge to correct a circumstance in which one party acquires something at the expense of the other. • A Qusai contract is not a real contract it imposed by law on the ground of principle of equity, it is no created by an agreement • Qusai-contract are exceptional kinds of contract by which one party is bound to pay money in consideration of something done or suffered by the other party not based on actual promises. QUSAI CONTRACT PRINCIPLE: Qusai contract is based on the principle of Equity , Justice QUSAI + CONTRACT Qusai : Partly or almost Contract : An agreement enforceable by law QUAI CONTRACT Ingredients of contracts • • • • Proposal Acceptance Consideration Enforcement of law Ingredients of Qusai-contracts • • • • Proposal X Acceptance X Consideration Enforcement of law Difference's Contract • Contract results from the will of the parties expressed with a view to create an obligation. • Contract is an agreement • It has certain essential element • It is full fledged contract and is binding Qusai-Contract • Qusai contract is not contract at all but merely a legal fiction. • It cannot be used when full-fledged contract exists • There is no agreement • It is not full fledged contract. Presenting By Adnan Abaas Kinds/circumstance of Qusai Contract 1. 2. 3. 4. 5. Liability for necessaries Payment by interested person Compensation of Non-Gratutious Finder of goods Mistake or coercion What are the essentials of a quasi contract? • The essentials of quasi contract are as follows: – • It is usually a right to the money and generally (not always) to a corrupted amount of money. • The right is not a result of an agreement but it is imposed by the law. • The right does not apply to all in the world but only to a single person. Therefore, it looks like a contractual right Presenting By Abdur Rehman Charactertics of Qusai-Contract • It is imposed by law and does not arise from any agreement • The duty of a party and not the promises of any party is the basic of such contract. • The right under it is always a right to money and generally, through not always to a liquidated sum of money. • The right under it is available against specific persons and not against the world. • A suit for its breach may be filed in the some way as in case of a complete contract. Laws Governing Quasi-Contracts • This states that if a person who cannot enter a contract or anyone that person supports is given something of value, the person who provides the item in question must be reimbursed. • For example, if a minor is supported financially by another person, the latter individual must be reimbursed with the minor's property. The minor's parent or guardian will also be held financially responsible. However, a claim cannot be made unless the individual in question is able to pay it back. • which requires a person to pay back money given to him by another person. Let's say you live in a rental house owned by a landlord. The bank is going to seize the house because the landlord has failed to pay the mortgage. If you pay the past-due amount so your lease will not be terminated, your landlord is legally required to reimburse you for that amount. Presenting By Umer Rehman Quasi Contract Elements: Everything You Need to Know 1. Unjust Enrichment Qusai contracts become imposed by a court when unjust enrichment needs to be avoided. Therefore, understanding the term unjust enrichment will be important to various quasi-contract elements. Unjust enrichment means someone unfairly received a certain benefit from someone else's goods or services. Quasi Contracts and the Courts • A court will create a quasi contract when an official agreement is lacking between certain parties. Usually, disputes will arise over payments for services rendered or goods. The court will be seeking to prevent unfair enrichment to any party involved in the dispute. • This makes a quasi contract a substitute for a contract, designed to promote fair treatment, or equity, between the parties involved. It's safe to say that quasi contracts are formed where legal agreements were not established but should have been. • Typically, an actual contract is necessary to hold a defendant liable for goods or services. When this is not the case, many jurisdictions in the United States will find that restitution may be achieved through a quasi contract. Quasi Contract Elements • There are three inherent principles to a quasi contract. • The plaintiff must show evidence of the goods or services they should have been compensated for. • The defendant must have accepted those goods or services and receive some type of benefit from them. • Finally, the defendant must have accepted said goods or services under unfair circumstances where the plaintiff didn't receive any compensation. Quasi Contract Recovery • Three general situations outline recovery in a quasi contract. • The absence of a contract that would allow the plaintiff to be justly compensated. • The existence of an unenforceable contract. • The plaintiff's receipt of some type of benefit while breaching an existing contract. Quoted Judgement of Supreme Court decision in 2018 • • • • • • Inayah Ullah Khan (Petitioner) and others Vs Shabir Ahmad Khan (Respondent) Land buy -sell Agreement Sell deed signed by only person although the Anayat ullah sister also owned the land. Area of the land sold and balance sale consideration not mentioned in the agreement. Areas of the land sold cannot be ascertained as witnessed by PW-3 and PW-4. The agreement is void reason it is missing the ingredients which includes identify of seller and purchaser and fourth ingredient which is parties to the agreement to sell an immovable property are at consensus ad idem. • So in this case the suit filed against the petitioner is dismissed because there is no legal value of the contract.
