Study On Quasi-Contract In Common Law System

Quasi contract is not a strange expression for students who focus on civil law. Quasi contract is generally interpreted as negotiorum gestio and unjust enrichment in our country. In Chinese, it is called''准契约",which makes it difficult to differ it from contract. As we read more and more common law precedents, we may find that quasi contract is totally different from contract and it has a deep root and rich content. Originated from Roman law, it has developed in totally different ways in common law system countries and Civil Law System countries. Begin with the origin and content of quasi contract, this thesis makes detailed analysis on the origin and concept of quasi contract by using the analysis approaches of contrast and evolution. Besides, this thesis makes contrasts between quasi contract system and relative legal systems in Civil Law system.The fist part of the thesis is on the origin and development of quasi contract. Quasi contract originated from ancient Roman law and was then accepted and developed by Civil Law system countries and Common Law system countries separately.As early as in the sixth century, the debt of quasi contract was deemed as a type of debts together with ex contrctu and ex delicto. It was called quasi ex contractu then. This division to debt has become the strong basis for the Civil Law system's debt law. However, today most of the countries of Civil Law system have abandoned the use of the expression of quasi contract. Unjust enrichment and negotiorum gestio have become the substitution of quasi contract.Common Law countries was not affected by Roman Law as much as Civil Law countries due to their locations and some historical factors, but they also accepted the concept of quasi contract and set up their own system on quasi contract with their own characteristics. In the early time, the UK has put quasi contract into the system of assumpsit. Later, quasi contract was deemed as a kind of implied contract and finally it was defined as a kind of independent debt.In the second part, the author analyses the concept and applicable scope of quasi contract system in today's Common Law system. In nowadays common law, there are many relative concepts existing together with quasi contract such as unjust enrichment and restitution. This thesis shall analyses the concept of quasi contract and its applicable scope and even looks to its future by making analysis and contrasts between these similar expressions.The third part of the thesis focuses on the remedy methods for Quasi-contract. As we all know that Common Law system has been always tended to focus on the differentiation between Common Law and Equity and that between substantive law and procedural law. The author, in this part, shall analyze different remedies in both Common Law and Civil Law.The fourth part of the thesis shall take a closer look at unjust enrichment and negotiorum gestio in Civil Law system. Most of the Civil Law system countries now use unjust enrichment and negotiorum gestio instead of quasi contract, so the thesis shall discuss negotiorum gestio and unjust enrichment to make it a basis for the further contrasts between them and quasi contract system in Common Law.In the following part, the thesis shall puts forward the author's opinion on some existing conflicting opinions on quasi-contract. For example, some Scholars has suggested that restitution has become a kind of independent right which shall offer remedies to legal issues with contract and tort, so quasi-contract is declining. The author, by analyzing some cases and theoretical opinions, suggests that quasi-contract has its particular value in dealing with practical issue which can not be substituted by any other system.To sum up, quasi contract in Common Law system is not equal to unjust enrichment and negotiorum gestio in Civil Law system. They have different content and applicable scopes. By writing the thesis, the author tries to offer a way to make further research to quasi contract and hope that it can be helpful for the learners to understand common law better.