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Quasi Contract

This document discusses the legal concept of quasi-contract and the related sections 68-72 of Indian law. Quasi-contracts are obligations that are created by law for reasons of justice without an actual agreement between the parties. Section 68 allows a person to be reimbursed for necessities provided to another who was incapable of contracting. Section 69 allows reimbursement when one person pays a debt that another was legally obligated to pay. Section 70 establishes that one who benefits from an unsolicited non-gratuitous act of another is obligated to provide compensation.

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Lavisha Arora
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25 views

Quasi Contract

This document discusses the legal concept of quasi-contract and the related sections 68-72 of Indian law. Quasi-contracts are obligations that are created by law for reasons of justice without an actual agreement between the parties. Section 68 allows a person to be reimbursed for necessities provided to another who was incapable of contracting. Section 69 allows reimbursement when one person pays a debt that another was legally obligated to pay. Section 70 establishes that one who benefits from an unsolicited non-gratuitous act of another is obligated to provide compensation.

Uploaded by

Lavisha Arora
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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QUASI-CONTRACT

Pollock - quasi contracts as "contracts 'in law'


but not 'in fact
The provisions relation to Quasi-Contract are
contained in sections 68 to 72.
• Section 68 - Claim for necessaries supplied to
person incapable of contracting, or on his
account If a person, incapable of entering into
a contract, or any one whom he is legally
bound to support, is supplied by another
person with necessaries suited to his
condition in life, the person who has furnished
such supplies is entitled to be reimbursed
from the property of such incapable person.
Illustrations
• (a) A supplies B, a lunatic, with necessaries
suitable to his condition in life. A is entitled to
be reimbursed from B's property.
• (b) A supplies the wife and children of B, a
lunatic, with necessaries suitable to their
condition in life. A is entitled to be reimbursed
from B's property.
Section 69 - Reimbursement of person paying
money due by another, in payment of which he
is interested A person who is interested in the
payment of money which another is bound by
law to pay, and who therefore pays it, is entitled
to be reimbursed by the other.
Illustration B holds land in Bengal, on a lease
granted by A, the zamindar. The revenue payable
by A to the Government being in arrear, his land is
advertised for sale by the Government. Under the
revenue law, the consequence of such sale will be
the annulment of B's lease. B, to prevent the sale
and the consequent annulment of his own lease,
pays to the Government the sum due from A. A is
bound to make good to B the amount so paid.
Section 70 - Obligation of person enjoying
benefit of non-gratuitous act Where a person
lawfully does anything for another person, or
delivers anything to him, not intending to do so
gratuitously, and such other person enjoys the
benefit thereof, the latter is bound to make
compensation to the former in respect of, or to
restore, the thing so done or delivered.
Illustrations

• (a) A, a tradesman, leaves goods at B's house


by mistake. B treats the goods as his own. He
is bound to pay A for them.
• (b) A saves B's property from fire. A is not
entitled to compensation from B, if the
circumstances show that he intended to act
gratuitously.
Section 71 - Responsibility of finder of goods A
person who finds goods belonging to another,
and takes them into his custody, is subject to the
same responsibility as a bailee.
Section 72 - Liability of person to whom money
is paid or thing delivered by mistake or under
coercion A person to whom money has been
paid, or anything delivered, by mistake or under
coercion, must repay or return it.
• Illustrations
• (a) A and B jointly owe 100 rupees to C, A alone Pays the
amount to C, and B, not knowing this fact, pays 100
rupees over again to C. C is bound to repay the amount
to B.
• (b) A railway company refuses to deliver up certain
goods to the consignee, except upon the payment of an
illegal charge for carriage. The consignee pays the sum
charged in order to obtain the goods. He is entitled to
recover so much of the charge as was illegally excessive.

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