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Law quasi contract


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Law quasi contract

  2. 2. What Are Quasi Contracts? ‘Quasi’ means ‘almost’ or ‘apparently but not really’ or ‘as if it were’ A quasi contract is a contract that exists by order of a court, not by agreement of the parties Courts create quasi contracts to avoid the unjust enrichment of a party in a dispute over payment for a good or service Sections 68 to 72 deals with "certain relations resembling those created by contract" under Indian contract act, 1872Page  2
  3. 3. Sections In LawThe sections in law which cover the Quasi Contracts are:- Supply of necessaries (section 68) Payment of lawful dues by interested person (section 69) Person enjoying benefit of a gratuitous act (section 70) Finder of goods (section 71) Goods or anything delivered by mistake or coercion (section 72)Page  3
  4. 4. Differences… Contract Quasi Contract Contracts results from the will  Quasi Contract is not a of the parties expressed with contract at all but merely a a view to create an obligation legal fiction.  It cannot be used when full- fledged contract exists Contract is an agreement There is no agreement It has certain essential Essentials for formation of a elements contract are absent It is a full fledged contract It is not a full fledged contract and is bindingPage  4
  5. 5. Section 68:Supply of necessaries“Claim for supply of necessaries to person incapable of contracting”Necessaries: Things suited to the conditions of incompetent parties Includes articles required to maintain a particular person in the state and degree in the life in which he is Articles without which an individual cannot reasonable existPage  5
  6. 6. Section 69:Payment of lawful dues byinterested persons“Reimbursement of money paid, in which he is interested”Essentials: There must be a person who is bound to make a payment by law. The person paying must himself not be bound to pay. There must be another person interested, not bound by law, in such payment being made and interest should exist at the time of payment. The payment must be made bonafide for the protection of one’s own interest Page  6
  7. 7. Section 70: Person enjoying benefit of agratuitous act“Obligation of a person enjoying benefits of non- gratuitous act” Person lawfully does anything for another person Delivers anything to him non-gratuitously Latter is bound to make compensation or restore the thing so done or delivered The thing must be done lawfully The person for whom the act is done must enjoy the benefit of it.Page  7
  8. 8. 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. The finder’s position, therefore, has been considered along with bailment”Page  8
  9. 9. Section 71 - Responsibility of finder of goods 1. Duties of Finder of Goods: • He must try to find out “the real owner” of the goods.( Section 403 IPC ) • He must take care of the goods as much as he would of his own goods (Section151 ) 2. Rights of finder of Goods: • He is entitled to the possession of the goods till the true owner is found. • He is entitled to retain this good until he receives the lawful charges or compensation. However, he cant sue the owner for such compensation • He can sell the goods if: -the commodity is perishable ;the owner cannot be found ; owner refuses to pay the lawful charges ; lawful charges amount to 2/3rd of the value of commodity foundPage  9
  10. 10. Section 72 - Delivered by mistake or coercion“Liability of person to whom money is paid, or thing delivered by mistake or under coercion”What does it mean… It is the liability of the person, to whom money is paid or things are delivered by mistake or under coercion, to repay back the money or return back the goods to the true owner.Page  10
  11. 11. THANK YOUPage  11