Quasi-Contract

Abstract

The jurists recognized that there were some situations in which a contract-like set of duties and obligations arose from circumstances involving no agreement between the parties. The two most influential forms of such “quasi-contract” are unauthorized administration of affairs (negotiorum gestio) and what is now called unjustified enrichment (actionable through the condictio). Although this body of law remained somewhat underdeveloped, it contains many important insights into Roman concepts of obligation. Particularly for unjustified enrichment, the jurists clarified when a benefit conferred upon one person at another’s expense can be reclaimed on the basis that the recipient has no legitimate basis for retaining the benefit.