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Updated: May 22, 2025
The Romans themselves were not unaware of the offices which the copious and malleable terminology belonging to this part of their system might be made to discharge, and this is proved by their employment of the peculiar adjunct quasi in such expressions as Quasi-Contract and Quasi-Delict. "Quasi," so used, is exclusively a term of classification.
The Roman jurisprudence of Contract had performed for the relation of sovereign and subject precisely the same service which, in a humbler sphere, it rendered to the relation of persons bound together by an obligation of "quasi-contract."
He has no sympathy with the state of nature; the noble savage, on investigation, turns out to be a barbaric creature with a club and scalping knife. Government, he does not doubt, is a trust, or, as he prefers, somewhat oddly, to call it, a quasi-contract; but that does not mean that the actual governors can be dismissed when any eccentric happens to take exception to their views.
In implied contracts, acts and circumstances are the symbols of the same ingredients which are symbolised, in express contracts, by words; and whether a man employs one set of symbols or the other must be a matter of indifference so far as concerns the theory of agreement. But a Quasi-Contract is not a contract at all.
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