Quasi Contracts: Understanding the Differences Between Void, Valid, Voidable, and Illegal

In the world of contracts, there are four terms that frequently come up: void, valid, voidable, and illegal. These terms apply not only to traditional contracts but also to quasi contracts, which are contracts that are created by courts to prevent unjust enrichment. But what do these terms mean in relation to quasi contracts? In this article, we`ll break down the differences between them and show you how they apply to quasi contracts.

Void Quasi Contracts

A void quasi contract is one that is unenforceable from the very beginning. This means that it lacks an essential element, such as offer and acceptance, consideration, or capacity. In other words, a void quasi contract is not really a contract at all. This could happen if the court finds that there was no agreement between the parties, or that one of the parties lacked the legal capacity to enter into the contract.

Valid Quasi Contracts

On the other hand, a valid quasi contract is one that meets all the necessary requirements to be legally enforceable. This means that there was a mutual agreement between the parties, consideration was provided, and both parties had the legal capacity to enter into the contract. A valid quasi contract is essentially the same as a regular contract, with the exception that it wasn`t created through the usual channels of offer, acceptance, and consideration.

Voidable Quasi Contracts

A voidable quasi contract is one that can be rescinded or cancelled by one of the parties involved. This often occurs when one party enters into the contract under duress, fraud, or undue influence. In this case, the party that was coerced or misled into entering the contract has the legal right to nullify it. Voidable quasi contracts can become valid if the party that has the option to cancel it decides to go through with the contract.

Illegal Quasi Contracts

An illegal quasi contract is one that is against the law. This could happen if the contract involves an illegal act, such as selling drugs or hiring someone to commit a crime. These contracts are considered unenforceable because they are against public policy. In this case, if one party has paid money or provided consideration under the contract, they are not entitled to recover it.

In Conclusion

Quasi contracts can be a complicated topic, especially when it comes to understanding the differences between void, valid, voidable, and illegal quasi contracts. In general, the principles of these types of contracts are similar to traditional contracts, but with some notable differences. As a professional, it`s important to make sure that any language related to quasi contracts is accurate, clear, and concise for readers who may not be knowledgeable in legal terminology.