Quasi-Contracts

Description: Quasi-Contracts: Test Your Understanding
Number of Questions: 15
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Tags: law contract law quasi-contracts
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Which of the following is NOT a type of quasi-contract?

  1. Restitution

  2. Implied-in-fact contract

  3. Unjust enrichment

  4. Quantum meruit


Correct Option: B
Explanation:

Implied-in-fact contracts are actual contracts formed by the conduct of the parties, whereas quasi-contracts are implied by law to prevent unjust enrichment.

What is the basic principle underlying quasi-contracts?

  1. Preventing unjust enrichment

  2. Enforcing promises made without consideration

  3. Protecting the rights of minors

  4. Recovering damages for breach of contract


Correct Option: A
Explanation:

Quasi-contracts are based on the principle that one person should not be unjustly enriched at the expense of another.

In a quasi-contractual relationship, what is the legal obligation of the parties?

  1. To perform the terms of an express contract

  2. To prevent unjust enrichment

  3. To pay damages for breach of contract

  4. To return property or benefits received without consideration


Correct Option: B
Explanation:

In a quasi-contractual relationship, the legal obligation of the parties is to prevent unjust enrichment, rather than to perform the terms of an express contract or to pay damages for breach of contract.

Which of the following is an example of a quasi-contract?

  1. A written agreement to purchase a house

  2. A verbal promise to pay for services rendered

  3. A court order requiring restitution of property

  4. A contract implied by law to prevent unjust enrichment


Correct Option: D
Explanation:

Quasi-contracts are contracts implied by law to prevent unjust enrichment, whereas written agreements, verbal promises, and court orders are not quasi-contracts.

What is the legal remedy available in a quasi-contractual relationship?

  1. Rescission of the contract

  2. Damages for breach of contract

  3. Restitution of property or benefits received

  4. Specific performance of the contract


Correct Option: C
Explanation:

The legal remedy available in a quasi-contractual relationship is restitution of property or benefits received, rather than rescission of the contract, damages for breach of contract, or specific performance of the contract.

Which of the following is NOT an element of unjust enrichment?

  1. Benefit conferred on the defendant

  2. Absence of a valid contract

  3. Detriment suffered by the plaintiff

  4. Knowledge of the benefit by the defendant


Correct Option: D
Explanation:

Knowledge of the benefit by the defendant is not an element of unjust enrichment, whereas benefit conferred on the defendant, absence of a valid contract, and detriment suffered by the plaintiff are essential elements.

What is the difference between a quasi-contract and an implied-in-fact contract?

  1. Quasi-contracts are implied by law, while implied-in-fact contracts are created by the conduct of the parties.

  2. Quasi-contracts require unjust enrichment, while implied-in-fact contracts do not.

  3. Quasi-contracts are enforceable, while implied-in-fact contracts are not.

  4. Quasi-contracts are based on past conduct, while implied-in-fact contracts are based on future conduct.


Correct Option: A
Explanation:

The primary difference between a quasi-contract and an implied-in-fact contract is that quasi-contracts are implied by law to prevent unjust enrichment, while implied-in-fact contracts are created by the conduct of the parties.

What is the legal basis for the doctrine of unjust enrichment?

  1. Common law

  2. Statutory law

  3. Equitable principles

  4. Constitutional law


Correct Option: C
Explanation:

The doctrine of unjust enrichment is based on equitable principles, which seek to prevent unfairness and injustice.

Which of the following is NOT a remedy for unjust enrichment?

  1. Restitution

  2. Damages

  3. Injunction

  4. Specific performance


Correct Option: D
Explanation:

Specific performance is not a remedy for unjust enrichment, as it requires the defendant to perform a specific act, whereas restitution, damages, and injunction are all remedies that seek to restore the plaintiff to the position they were in before the unjust enrichment occurred.

What is the measure of damages in a quasi-contractual action?

  1. The value of the benefit conferred on the defendant

  2. The amount of the plaintiff's loss

  3. The reasonable value of the services rendered

  4. The amount of the defendant's unjust enrichment


Correct Option: A
Explanation:

The measure of damages in a quasi-contractual action is the value of the benefit conferred on the defendant, rather than the amount of the plaintiff's loss, the reasonable value of the services rendered, or the amount of the defendant's unjust enrichment.

Which of the following is NOT a defense to a quasi-contractual action?

  1. Lack of consideration

  2. Mistake of fact

  3. Unconscionability

  4. Statute of limitations


Correct Option: A
Explanation:

Lack of consideration is not a defense to a quasi-contractual action, as quasi-contracts are not based on consideration.

True or False: A quasi-contractual obligation can arise even if there is an express contract between the parties.

  1. True

  2. False


Correct Option: A
Explanation:

A quasi-contractual obligation can arise even if there is an express contract between the parties, if the express contract is unenforceable or if the quasi-contractual obligation arises from a different set of facts.

Which of the following is NOT an example of a quasi-contractual relationship?

  1. A landlord and tenant relationship

  2. A buyer and seller relationship

  3. An employer and employee relationship

  4. A doctor and patient relationship


Correct Option: B
Explanation:

A buyer and seller relationship is typically governed by an express contract, whereas a landlord and tenant relationship, an employer and employee relationship, and a doctor and patient relationship can all give rise to quasi-contractual obligations.

What is the statute of limitations for a quasi-contractual action?

  1. The same as for a breach of contract action

  2. The same as for a tort action

  3. The same as for an unjust enrichment action

  4. It varies depending on the jurisdiction


Correct Option: D
Explanation:

The statute of limitations for a quasi-contractual action varies depending on the jurisdiction, as it is not a statutory cause of action.

True or False: Quasi-contracts are always implied by law.

  1. True

  2. False


Correct Option: A
Explanation:

Quasi-contracts are always implied by law, as they are not based on the agreement of the parties.

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