Q. QUASI CONTRACT:
Contractual obligations are voluntarily created by free consent through proposal
and acceptance. In some cases, some obligations though not contractual but treated as
contractual by law.
In fast there is no contract but there is one in contemplation of law i.e. quasi
contract law of quasi contract, is also known as the law of restitution.
Sec. 68 to 72 deals with five kind of quasi contractual obligations. They are as
follower:
1. Claim for necessaries supplied to a person incapable of contracting Sec. 68:
If a person in capable of entering into a contract or any one who he is legally
bound to support is supplied by another person with necessary suited to his condition in
life, the person who has furnished such supplied, is entitled to be reimbursed from the
property of such in capable person.
Illustration: A supplies B a Lunatic with necessaries suitable to his condition in
life. A is entitled to be reimbursed from B’s property.
2. Reimbursement of many paid in which he is interested (Sec 69)
A person, who is interested in the payment of the money which another is bound
to pay by law, and who therefore pays it, is entitled to be reimbursed by the other.
Illustration:
B hold land in Bengal, on a lease granted by A the reminder. The revenue
payable by A to the Govt. being in arrear, his land is advertised for sale by the Govt.
under the revenue law, the consequences o f such sale will be annulment of the B’s lease.
B to prevent the sale B the consequent annulment of his own lease, pays the Govt. the
sum due from a. A is bound to make good the B the amount paid so.
3. Obligations of person to pay for enjoying benefit of non gratuities act Sec. 70
Where a person lawfully does something for another or delivers anything to him,
not intending to so graduating and such other person enjoys the benefit thereof, the later
is bound to make compensation for the further.
Illustration:
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.
4. Responsibility of finder of goods (Sec. 71).
An agreement is implied by law where a person finds goods belonging to another
and takes them into his custodies, he is subject to the some responsibility as a bailee, its
his responsibility to care of the goods and try to find out the true owner, he is entitled to
its possession as against everyone except the true owner.
5. Payment or delivery of mistake or under coercion (Sec,72)
A person whom money has been paid or anything delivered by mistake or under
coercion must repay it or return it.
E.g. A & B jointly owe Rs. 100 to C. A alone pay the amount to c and B not
knowing this facts, pay Rs. 100 over again to C. C is bound to repay the amount to B.
Further as per sec. 73 the rights and liabilities of partners to a quasi contract are
the same as if they willingly? IN fact entered into such a contract.
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