Officious intermeddler
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An officious intermeddler is a person who voluntarily, and without request or pre-existing legal duty, interjects him- or herself into the affairs of another, and then seeks remuneration for services or reimbursement. Example: Person "A" leaves for vacation for two weeks during the summer. Person "B" mows "A"s lawn. "B" requests payment for this service. Under
common law In law, common law (also known as judicial precedent or judge-made law, or case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority ...
doctrine, "B" is not entitled to any payment from "A" beyond whatever "A" cares to give. If B tries to coerce payment, B is an officious intermeddler. An exception to this rule, however, is if a doctor gives medical treatment to an unconscious victim. Although the unconscious person did not ''request'' the doctor's services, a court may deem it reasonable for the doctor to presume that such services would be desired by the person, had they been conscious. Another exception to this rule, in certain jurisdictions, is the existence of a
quasi-contract A quasi-contract (or implied-in-law contract or constructive contract) is a fictional Fiction generally is a narrative A narrative, story or tale is any account of a series of related events or experiences, whether nonfictional ( memoir, biogr ...
. In general, in order for a contract to exist, there must be mutual consent among all parties. In the case of an officious intermeddler, this element of a contract is missing: consideration (goods or services) was provided by one party, but without the mutual consent of the receiving party. Therefore, no contract was made, and the intermeddler has no legal recourse to claim compensation. However, certain legal jurisdictions provide for an implied-by-law contract, called a ''quasi-contract'', that exists solely for the purposes of remedying this
unjust enrichment In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make rest ...
by giving a court legal means to enforce compensation. The distinction between an officious intermeddler, and a party operating under a quasi-contract, is that the recipient of the goods or services has knowingly accepted the goods or services, with the intention of benefiting from them without providing compensation.http://law.jrank.org/pages/9603/Quasi-Contract.html Quasi Contract


References


Citations


Sources

* Second Restatement of Contracts Sec. 74 * Restatement of Restitution Sec. 2 * Restatement of Restitution Sec. 116 * Black's Law Dictionary


See also

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Quasi-contract A quasi-contract (or implied-in-law contract or constructive contract) is a fictional Fiction generally is a narrative A narrative, story or tale is any account of a series of related events or experiences, whether nonfictional ( memoir, biogr ...
Common law Contract law Contract law legal terminology {{law-stub