‘Quasi-contract’ is an unsatisfactory term applied to certain specific obligations which did not arise from contract or delict but were legally enforceable.

These obligations arose from legal acts that resembled contracts in respect of several characteristics, but which were nevertheless not contracts since they were not founded on agreement.

These obligations were therefore said to arise ‘as if from contract’ (quasi ex contractu). The most important quasi-contracts were unautho­rized administration (negotiorum gestio), guardianship (tutela) and undue payment (solutio indebiti).^[859] The institution of tutela has been discussed in the chapter on the law of persons above. In the following paragraphs attention will be paid to negotiorum gestio and solatio indebiti. These quasi-contracts arose not from an agreement between parties but from a performance by a person that entailed rights for that person and corresponding duties for another.

4.8.1     

More on the topic ‘Quasi-contract’ is an unsatisfactory term applied to certain specific obligations which did not arise from contract or delict but were legally enforceable.:

1. The subject called �obligations' is mostly about contract and delict. There are some other heads to be considered, but the right impression is given if we say that contract and delict between them occupy about ninety per cent of the ground.
2. III. QUASI-CONTRACT
3. A fourth category of obligations referred to in the Institutes of Justinian are the obligations arising from quasi-delicts (obligationes quasi ex delicto or quasi ex maleficio).
4. Quasi-contract
5. Delict and contract
6. See Bauman, R. A., 'The Interface of Greek and Roman Law: Contract, Delict and Crime' (1996) 43 RIDA 3, 39-62 for an interesting discussion on delict and crime.
7. The contract—delict dichotomy
8. In the chapters that follow, first the law of contract, then unjustified enrichment, and finally the law of delict will be dealt with.
9. From contract verbis to contract litteris
10. Quasi-contractual and quasi-delictual obligations
11. There are different ways or organising a law of contract. That is as much as to say that there are different ways of responding to the central tasks which contract has to perform.
12. QUASI-DELICT
13. II. DELICT AND QUASI-DELICT