What type of contract is created by a court for a person unable to contract for themselves, often involving issues of unjust enrichment?

A quasi contract is a legal construct established by a court to ensure fairness when one party benefits at the expense of another, particularly when the benefited party might not have legally entered into a contract. This type of contract arises in situations where a person is unable to enter into a traditional contract, such as due to incapacity or other limitations. The court creates the quasi contract to prevent unjust enrichment, meaning that one party should not be allowed to profit unfairly from the situation.

For example, if a person receives medical services while unconscious, they are not able to contract for those services directly. However, the provider is entitled to compensation for their work to prevent the unconscious person from being unjustly enriched at the provider's expense. Thus, the court will enforce a quasi contract to ensure the provider is compensated fairly.

The other types of contracts mentioned do not contain this specific legal framework. Express contracts are clearly stated agreements, while implied contracts are formed based on the actions or circumstances of the parties involved, reflecting agreements that are not explicitly written out. Social contracts relate more to philosophical concepts of societal agreements rather than legal obligations between parties concerning benefits and services.