Quasi contracts

As already mentioned, quasi contracts were legally enforceable obligations broadly similar to contracts that did not arise either from contract or from

The law of obligations: contracts 201 delict.

Negotiorum gestio

Negotiorum gestio was the management of another’s affairs without his request, instruction, or authorization: repairing a neighbor’s roof, settling a debt for him, becoming a surety, purchasing oil or wine for a friend, and defending him in a trial, among other things. Negotiorum gestio was based on friendship, helpfulness, and solidarity (humanitas), and it was especially useful in case of absence or emergency. For this reason, negotiorum gestio was gratuitous but not a gift, since expenses must be reimbursed to the manager (gestor) by the principal (dominus negotii).

Negotiorum gestio was quite similar to mandate but without an initial agreement. Thus, if the principal gave his consent after having knowledge of the business, the negotiorum gestio became mandate. Like the mandatary, the manager had to perform his service to the end and in the best interest of the principal, not his own interest (e.g., to make a donation or perform a con­tractual duty). The result of the manager’s service did not necessarily have to be useful, successful, or beneficial. It was enough that the service was rea­sonable (utiliter coeptum). The manager was liable for fraud (dolo) and negligence (culpa).

The principal could bring the actio negotiorum gestorum against the man­ager to claim restitution of anything acquired by him during his management, as well as for damages derived from negligence (actio directa). On the other hand, the manager had the actio contraria for reimbursement of expenses or compensation for damages.