Which of the following is NOT a requirement of a quasi-contract?

• A. A measurable benefit is conferred by one party on another.
• B. The benefit is conferred with the expectation of payment.
• C. Retention of the benefit without compensation would be unfair.
• D. Absence of mistake by the party conferring the benefit.

Answer: (D)

The concept being tested is how a quasi-contract operates to prevent unjust enrichment when there’s a benefit conferred without a formal agreement. For a quasi-contract to be implied, three elements are typically essential: a measurable benefit conferred by one party on another; the benefit is conferred with the expectation of payment (or at least the recipient should recognize that payment is expected); and it would be unfair for the recipient to retain the benefit without compensating the conferring party. The absence of mistake by the party conferring the benefit is not a requirement; quasi-contracts can apply regardless of whether a mistake occurred. In practice, even if the benefactor was mistaken, the law may still impose an obligation to pay to prevent unjust enrichment. So the statement about absence of mistake is not a requirement, which is why that option is the correct one.