quasi contract in hindi CA4ALL: QUASI CONTRACTS | Section 68 – 72

quasi contract in hindi CA4ALL: QUASI CONTRACTS | Section 68 – 72

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5 Important Types of Quasi Contract that Sec. 68 To 72 of the Indian Contract Act 1872 Deals With

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Important types of Quasi Contract that Sec. 68 to 72 of the Indian Contract Act 1872 deals with are given below:

Types

(i) Claim for necessaries supplied to person incapable of contracting (Sec 68):

If a person is incapable of entering into a contract, or anyone whom he is legally bound to support is provided by another person with necessaries suited to his condition in life, the supplier is entitled to recover the price from the property of such incapable persons. Example:

X supplies the wife and children of Y, a lunatic with necessaries suitable to their conditions in life. X is entitled to be reimbursed from Y’s property

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(ii) Payment by an interested person (Sec 69):

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.

Example:

The consignee suffered loss due to fire in the wagon during transit. The insurer made good the loss. The claim was allowed as per Section 39.

(iii) Obligation to pay for non-gratitous act (Sec 70):

Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously and such other persons enjoys the benefit thereof, the latter is bound to make compensation to the former in expect of or to restore the thing so done or delivered.

Example:

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X, a tradesman, leaves goods at Y’s house by mistake; Y treats the goods as his own. He is bound to pay X for them.

(iv) Responsibility of finder of goods (Sec 71):

Under Section 71 of the Act, a person who finds goods belonging to another and takes them into his custody is subject to the same responsibility as a bailee.

(v) Liability for money paid or things delivered by mistake or under coercion (Sec 72):

At fast Section 72 of the Indian Contract Act, 1872 provides that a person to whom money has been paid or anything delivered by mistake or under coercion must repay or return it.

Example:

A railway company refuses to deliver certain goods to the consignee, except upon the payment of illegal charge for carriage. The consignee pays the sum charged to obtain the goods to he is estimated recover so much of the charges as was illegal excessive.

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