Quasi-tort

Quasi-tort is a legal term that is sometimes used to describe unusual tort actions, on the basis of a legal doctrine that some legal duty exists which cannot be classified strictly as negligence in a personal duty resulting in a tort nor as a contractual duty resulting in a breach of contract, but rather some other kind of duty recognizable by the law. It has been used, for example, to describe a tort for strict liability arising out of product liability, although this is typically simply called a 'tort'.[1]

Although it is not to be found in most legal dictionaries, it has been used by some scholars such as Sri Lankan Lakshman Marasinghe. Lakshman proposes that the doctrine provides legal relief that falls outside tort or contract, but with some of the characteristics of tort or contract, as can be found in restitution (including unjust enrichment),[2] equity (including unconscionable conduct[3]), beneficiaries under a trust of the benefit of a promise, people protected by the valid assignment of promise, fiduciary duty, and contracts of insurance.[4]

  1. ^ See, e.g., Gilmore G. (1970). Products liability: a commentary. University of Chicago Law Review.
  2. ^ Pavey & Matthews Property v Paul (1987) 162 CLR 221
  3. ^ Commercial Bank of Australia Limited v Amadio (1983) 151 CLR 447
  4. ^ Trident General Insurance Co Ltd v. McNiece Bros Pty Ltd (1988) 165 CLR 107