Covenants as Quasi Contracts

Authors

Louis L. Hammon

Abstract

It is the scope of this article to discuss briefly certain forms of covenant with a view to determining whether in their nature they are contractual or quasi contractual. "Quasi contract may be defined as an obligation whereby one person becomes bound to another, without regard to his consent, by a legal tie similar to that arising from contract. It may exist either by statute or by common law, and, if by the latter, it may be enforced either on principle or by reason of custom. As to the cause of the obligation, it may be imposed upon a man because he occupies a peculiar relation, public or private, or because of his acts or omissions. And since agreement or the semblance of one is not an element of the obligation, it may arise where the person bound was unconscious or undesirous of assuming any liability whatever,-or where he was desirous of assuming a different liability from that imposed.

Recommended Citation

Louis L. Hammon, Covenants as Quasi Contracts, 2 Mich. L. Rev. 106 (1903).
Available at: https://repository.law.umich.edu/mlr/vol2/iss2/2