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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'.〔See, e.g., Gilmore G. (1970). (Products liability: a commentary ). ''University of Chicago Law Review.〕 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),〔''Pavey & Matthews Property v Paul'' (1987) 162 CLR 221〕 equity (including unconscionable conduct〔''Commercial Bank of Australia Limited v Amadio'' (1983) 151 CLR 447〕), beneficiaries under a trust of the benefit of a promise, people protected by the valid assignment of promise, fiduciary duty, and contracts of insurance.〔''Trident General Insurance Co Ltd v. McNiece Bros Pty Ltd'' (1988) 165 CLR 107〕 ==As a third type of civil wrong== In ''Tort Theory'', Lakshman Marasinghe posits that ''quasi-delict'', a doctrine in civil law jurisdictions, exists as well in common law.〔Lakshman Marasinghe, "Towards Quasi-Tort in the Common Law?", in Kenneth D. Cooper-Stephenson, Elaine Gibson, ''Tort Theory'' (Captus Press, 1993, ISBN 0-921801-87-4, ISBN 978-0-921801-87-0), found at (Google search result ). Retrieved November 24, 2008.〕 Marasinghe thus argues against Viscount Haldane's ''dictum'' in ''Sinclair v Brougham'', that the only common law civil causes of action are, by definition, contract and tort.〔 Brooklyn Law School's law review had an article with a similar argument, "Contractor Duty to Third Parties Not in Privity: A Quasi-Tort Solution to the Vexing Problem of Victims of Nonfeasance."〔Note, "Contractor Duty to Third Parties Not in Privity: A Quasi-Tort Solution to the Vexing Problem of Victims of Nonfeasance." ''Brooklyn Law Review'', Volume 63, Issue 2, found at (Booklyn Law School website ). Retrieved November 24, 2008.〕 Malta recognizes quasi-tort as a third type of liability.〔(Synergene website disclaimer ). Retrieved November 24, 2008.〕〔(CDF website disclaimer ). Retrieved November 24, 2008.〕〔Syllabii summary, "CVL1007 Roman Law of Obligations," and "CVL3003 Obligations II & Tort," found at (University of Malta Faculty of Laws website ). Retrieved November 24, 2008.〕 Belgium also has quasi-tort.〔(Sywawa website disclaimer ). Retrieved November 24, 2008.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Quasi-tort」の詳細全文を読む スポンサード リンク
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