quasi-contractn.

Brit.

/ˈkweɪzʌɪˌkɒntrakt/,

/ˈkwɑːzɪˌkɒntrakt/, U.S.

/ˈkwɑziˌkɑntræk(t)/,

/ˈkweɪzaɪˌkɑntræk(t)/

Origin: Formed within English, by compounding; modelled on a Latin lexical item. Etymons: quasi- comb. form, contract n.¹

Etymology: < quasi- comb. form + contract n.¹, after post-classical Latin quasi ex contractu (of obligations) as if arising from a contract (late 2nd or early 3rd cent. in legal context). Compare post-classical Latin ex quasi contractu (1618 or earlier in British sources: see note), quasi contractus (from 12th cent. in British sources). Compare French quasi-contrat (1675 as †quasi contract; apparently after Latin).Compare the following earlier example of post-classical Latin ex quasi contractu in an English context:1618 in Eng. Rep. (1907) LXXX. 353 For though there was no actual contract, yet there was a kind of contract in law, so it is ex quasi contractu.

Law.

An obligation of one party to another imposed by law independently of any contract or express agreement between the parties. Now usually called restitution.

ΘΚΠ

society > law > legal obligation > [noun] > legal liability > specific liability

quasi-contract1704

privity1852

strict liability1897

product liability1925

1704 T. Wood New Inst. Imperial or Civil Law iii. vi. 219 There are some Obligations which arise amongst Mankind without any previous Consent or Agreement; and they are call'd Improper or Quasi Contracts.

1728 E. Chambers Cycl. (at cited word) In a Quasi Contract, one Party may be bound..without having given his Consent.

1781 J. Tucker Treat. Civil Govt. ii. i. 146 The Terms and Conditions of this important Trust may perhaps be ascertained and specified..: Yet wherever they cannot, they are implied: And this Implication may be very justly termed a Quasi-Contract.

1806 W. D. Evans tr. R. J. Pothier Treat. Law of Obligations I. i. i. 69 A Quasi contract is the act of a person permitted by the law which obliges him in favour of another, without any agreement intervening between them.

1847 Rep. Supreme Court Louisiana 1 380 The act of a party in taking as security for a loan of money made to an agent for his private use, a pledge of claim against a third person, known by the lender to belong to the principal of that agent, forms a quasi-contract.

1936 R. M. Jackson Hist. Quasi-Contract in Eng. Law II. 127 The name ‘quasi-contract’ has become the general jurisprudential term for obligations which do not fall into the categories of contract or tort.

1943 Law Rep.: Appeal Cases (House of Lords) 61 Such remedies in English law are generically different from remedies in contract or in tort, and are now recognized to fall within a third category of the common law which has been called quasi-contract or restitution.

1962 A. E. Turner Law of Trade Secrets iv. iv. 348 We may consider relief under quasi-contract and relief for unjust enrichment to be for practical purposes the same.

1998 Independent 23 Feb. i. 8/2 The claim is based on the principle of quasi-contract—that workers in the factory were employed and should have been paid.

This entry has been updated (OED Third Edition, December 2007; most recently modified version published online March 2022).

单词	quasi-contract
释义	quasi-contractn. Brit. /ˈkweɪzʌɪˌkɒntrakt/, /ˈkwɑːzɪˌkɒntrakt/, U.S. /ˈkwɑziˌkɑntræk(t)/, /ˈkweɪzaɪˌkɑntræk(t)/ Origin: Formed within English, by compounding; modelled on a Latin lexical item. Etymons: quasi- comb. form, contract n.¹ Etymology: < quasi- comb. form + contract n.¹, after post-classical Latin quasi ex contractu (of obligations) as if arising from a contract (late 2nd or early 3rd cent. in legal context). Compare post-classical Latin ex quasi contractu (1618 or earlier in British sources: see note), quasi contractus (from 12th cent. in British sources). Compare French quasi-contrat (1675 as †quasi contract; apparently after Latin).Compare the following earlier example of post-classical Latin ex quasi contractu in an English context:1618 in Eng. Rep. (1907) LXXX. 353 For though there was no actual contract, yet there was a kind of contract in law, so it is ex quasi contractu. Law. An obligation of one party to another imposed by law independently of any contract or express agreement between the parties. Now usually called restitution. ΘΚΠ society > law > legal obligation > [noun] > legal liability > specific liability quasi-contract1704 privity1852 strict liability1897 product liability1925 1704 T. Wood New Inst. Imperial or Civil Law iii. vi. 219 There are some Obligations which arise amongst Mankind without any previous Consent or Agreement; and they are call'd Improper or Quasi Contracts. 1728 E. Chambers Cycl. (at cited word) In a Quasi Contract, one Party may be bound..without having given his Consent. 1781 J. Tucker Treat. Civil Govt. ii. i. 146 The Terms and Conditions of this important Trust may perhaps be ascertained and specified..: Yet wherever they cannot, they are implied: And this Implication may be very justly termed a Quasi-Contract. 1806 W. D. Evans tr. R. J. Pothier Treat. Law of Obligations I. i. i. 69 A Quasi contract is the act of a person permitted by the law which obliges him in favour of another, without any agreement intervening between them. 1847 Rep. Supreme Court Louisiana 1 380 The act of a party in taking as security for a loan of money made to an agent for his private use, a pledge of claim against a third person, known by the lender to belong to the principal of that agent, forms a quasi-contract. 1936 R. M. Jackson Hist. Quasi-Contract in Eng. Law II. 127 The name ‘quasi-contract’ has become the general jurisprudential term for obligations which do not fall into the categories of contract or tort. 1943 Law Rep.: Appeal Cases (House of Lords) 61 Such remedies in English law are generically different from remedies in contract or in tort, and are now recognized to fall within a third category of the common law which has been called quasi-contract or restitution. 1962 A. E. Turner Law of Trade Secrets iv. iv. 348 We may consider relief under quasi-contract and relief for unjust enrichment to be for practical purposes the same. 1998 Independent 23 Feb. i. 8/2 The claim is based on the principle of quasi-contract—that workers in the factory were employed and should have been paid. This entry has been updated (OED Third Edition, December 2007; most recently modified version published online March 2022). < n.1704
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