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Quasi

Defined in 5 dictionaries — Ballentine's (1916), Black's (1910), Anderson (1889), Stimson (1881), Abbott (1879)

Ballentine's Law Dictionary

James A. Ballentine · 1916

As; as if; as it were; relating to or having the character of. See 60 111. 390.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Lat As if; as it were; analogous to. This term is used in legal phraseology to indicate that one subject resembles another, with which it is compared, in certain characteristics, but that there are aiso intrinsic differences between them. It is exclusively a term of classification. Prefixed to a term of Roman law, it implies that the conception to which it serves as an index is connected with the conception with which the comparison is instituted by a strong superficial analogy or resemblance. It negatives the notion of identity, but points out that the conceptions are sufficiently similar for one to be classed as the sequel to the other. Maine, Anc. Law, 332. Civilians use the expressions "quasi contractus," "quasi delictum," "quasi possessio," "quasi traditio," etc. As to quasi "Affinity," "Contract," "Corporation," "Crime," "Delict," "Deposit," "Derelict," "Easement," "Entall," "Fee," "In Rem," "Judicial," "Municipal Corporation," "Offense," "Pariners," "Personuity," "Possession," "Posthumous Child," "Purchase," "Rcalty," "Tenant," "Tort," "Traditio," "Trustee," and "Usufruct," see those titles.

A Dictionary of Law

William C. Anderson · 1889

As if; like, corresponding to. Marks resemblance, yet supposes difference, between objects.^ Thus, one may become a quasi accomplice; * banknotes are quasi cash; * a common carrier is a quasi public officer; * and the postmaster-general is a quasi common carrier." There may be a quasi deposit, as, in finding; and a quasi derelict.' The right of stoppage in transitu constitutes a quasilien.^ The.decisions of administrative commissioners are of quasi judicial character.* A bill of lading is only quasi negotiable. ' <* Acts of qunsi ownership of realty include all acts short of taking possession.*^ Fixtures, chattels real, and leases for years are quasi personalty; heirlooms, and title deeds, quasi realty.*^ A surety is a quasi party, subject to jurisdiction. ** Quasi contract. An unassented-to obligation in the nature of a contract. As, the liability of an heir under his ancestor's covenant Respecting realty, or of an executor or administrator for the debt of the decedent. Quasi corporation. A body which exercises certain functions of a corporate character, but which has not been created a corporation by any statute, i* See further CoR-

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

I. As if almost iow much. Quantes fois: how many (As much as he deserved.) The common, labor. Quantum valebant (as much as common count for goods sold and delivered.: an issue to ascertain the amount of Chancery in a court of common law.; the period during which dower was to and she was allowed to remain in? the manwhy. Quare clausum fregit (because action of trespass vi et armis for unlawful land. Quare ejecit infra terminum within the term): an action which lay for term to recover it and damages from the or person claiming under him. Quare to recover an adtowson, brought by a or other person hindering his presentaa writ for the patron to recover the when the bishop had admitted a clerk a qnare impedit, and notwithstanding a non admisit: a writ for the patron to rebishop for not admitting his clerk, after clericnm. Quare non permittit: a right of nomination against the patron his clerk. Quare obstruxit: a writ a right of way. the 25th of March, Lady day; the 24th day; the 29th of September, Michaelmas

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

As if; as though; as if it were. This word is used, often by way of prefix to another word, to denote a resemblance, with some difference, between two subjects. It is applied to persons, things, acts, proceedings, &c., which are of the same general nature with others, but differing somewhat, the qualification usually implying inferiority. Quasi contract. This expression is employed where, although there is no contract by consent of parties exchanged or imputed, yet an obligation has arisen, by some act or event, as if from a contract, — quasi ex contractu. Thus, for instance, an executor or administrator is bound to satisfy the liatracted to do so. The case of an heir, bound to make a conveyance to a purchaser under a contract of sale entered into by the deceased, is a better illustration; for the obligation incumbent on the executor or administrator has been voluntarily undertaken, and therefore involves somewhat the nature of an actual contract: but the heir has the obligation thrown upon him by an event ■wholly independent of his own will, namely, the death of the deceased intestate. Wharton and Brown define the term as including implied contracts; but we do not understand it to be as broad as this. Implied contracts are fully contracts; the assent being imputed (instead of proved as matter of fact) from circumstances which, looking to a general rule, fairly establish it, or render a denial of it unjust or fraudulent. Quasi contracts are not contracts; no exchange of consents is supposed or imputed; but the analogy of contracts is resorted to in explaining the nature of the obligation and determining its extent. The term is used somewhat more technically and strictly in the civil law than in our ordinary jurisprudence; as to which see Bouvier. Quasi corporation. Certain persons, offlcers,orbodies,who,withoutbeingfully incorporated, are yet vested with some of the attributes and powers of corporations, so that they act, in some respects or partially, in a corporate capacity, are called quasi corporations. Examples are: inhabitants of a school district in Massachusetts, Kumford v. Wood, 13 Mass. 193; commissioners of a county in Pennsylvania, Van Kirk v. Clark, 16 Serg. Sf R. 286; supervisors of a county in New York, Jackson v. HartweU, 8 Johns. 422; commissioners of roads in South Carolina, Commissioners of Roads v. Mc- Pherson, 1 Spears, 218; the governor of the state in Tennessee, Governor v. Allen, 8 Humph. 176. A public official body charged with the administration of the ministerial and financial duties of a county, such as highways, the poor, and the taxes, and having capacity to make contracts in reference to such matters, and raise money therefor, and having poration; and can sue and be sued in regard to any matter in which by law it has riglits to be enforced or is under obligations which it refuses to fulfil. Levy Court v. Coroner, 2 Wall. 501. The inhabitants of a school district, although, like towns and other municipal societies, they are deficient in many of the powers incident to the general cliaracter of corporations, yet may be considered, under our institutions, as quasi corporations, with limited powers, coextensive with the duties imposed upon them by statute or usage; and they have sufficient corporate powers to maintain an action on a contract to build a school-house, and to make a lease of land to them. Inhabitants of Eumford V. Wood, 13 Mass. 193. In respect to liability to action for neglect of corporate duties, a distinction exists between aggregate corporations, properly so called, and the inhabitants of any district who are by statute invested with particular powers without their consent, such as quasi corporations. Although the latter are liable to information or indictment for a neglect of a public duty imposed on them by law, yet no private action can be maintained against them for a breach of their corporate duty, unless such action is given by statute; for without a corporate fund, and the means of obtaining one, each corporator is liable to satisfy any judgment rendered against the corporation, and this burden the common law will not impose but in cases where the statute is an authority, to which every man must be considered as assenting. But in regular corporations which have, or are supposed to have, a corporate fund, this reason does not apply. Riddle v. Merrimack River Locks, &c., 7 Mass. 169. Quasi derelict. When a part of the crew of a vessel at sea are dead, and all the rest are physically and mentally incapable of providing for their own safety, this is not what is known as " derelict," but " quasi derelict." Sturtevant v. The George Nicholaus, 1 Newb. 449. Quasi entail. An estate pur autre vie may be granted not only to a man and his heirs, but to a man and the heirs of his body, which is termed a quasi entail; the interest so granted not being properly an estate tail (for the statute de donis applies only where the subject of the entail is an estate of inheritance), but yet so far in the nature of an estate tail that it will go to the heir of the body as special occupant during the life of cestui que vie, in the same manner as an estate of inheritance would descend, if limited to the grantee and the heirs of his body. Wharton. Quasi personalty. Things which are movable in point of law, though fixed to things real, either actually, as emblements (fructus industriales), fixtures, &c.; or fictitiously, as chattels real, leases for years, &c. in contemplation of law to realty, but are movable in themselves, as heirlooms, titledeeds, court-rolls, &c. Wharton. Quasi trustee. A person who, having attempted to reap benefit from a breach of trust, is held answerable as if a trustee, is sometimes so called. See Lewin Trusts, 846.