The document discusses contingent contracts and quasi contracts. It defines contingent contracts as agreements where performance depends on an uncertain future event. Quasi contracts are obligations imposed by law even if no actual agreement exists. The document outlines the types of each, including contracts of insurance and indemnity as contingent and claims for necessaries and recovery of mistaken payments as quasi. It provides examples and explains the rules for enforcing contingent contracts depending on if the contingency is an event happening or not happening, or conduct of a living person. Quasi contracts include obligations for necessaries supplied, money paid for another, benefits enjoyed from acts, responsibility of finders, and liability for mistaken payments.

1. Contingent Contract and Quasi Contract

2. • Masum Billah 2014010000012
• Zahidol Islam Roman 2014010000310
• Tusar Ahmed 2014010000167
• Rafiqul Islam 2013210000308
• Musfiqur Rahman 2014010000275

3. Contingent contract of introduction
 A contract may be either absolute or contingent.
 Contingent contract is one where the promisor undertake
to perform the contract which is depended on the
happening of a special future uncared event which is
collateral.
 All wagering agreement are basically contingent
agreement but all the contingent contract are not
wagering agreement.
 Quasi contract constructs are the contract presumed by
law. These are the contract which are imposed by law.

4. Contingent contracts typical types

Contract of insurance

Contract of indemnity

5. Essentials of a contingent contract
 Performance of a
contingent of a
contingent contract
depends upon
happening or non-
happening of some
event.
Illustration
Nissan promise to pay rs.
10, 00,000 to the bank if his
friend Shasn fails to repay
the loan. Nissan shall be
required to perform only
when event of failure by
Shashank happens.

6. Contingent event v. will of the promisor
 Performance of contingent
contract depends upon
happening or non-
happening of an uncertain
event
 The event may be an act.
and accordingly contract
may be contingent on act of
party to the promise or of a
third part
Illustration
Tushar promises to pay Rafiq Rs.
100000 if Tusar desires- it is no
contract at all.
Tusar promises to pay Rafiq Rs.
100000 if Rafiq goes to Delhi before
next January- it is a contingent
contract since if depends upon act of
Rafiq going to Delhi before next
January , which is an uncertain
event.

7. Rules Regarding Enforcement of contingent contract
• When contingency is the
“happening of an event” –
Sec.32
• When contingency is the “non-
happening of an event”—Sec.33
• When contingency is the “
future conduct of a living
person”—Sec.34
• When contingency is the
“happening or non-happening
of an event within a fixed
time”—Sec.35

8. When contingency is the happening of an event –
Sec.32
Contract cannot be
enforced unless and
until the event has
happened.
If the event becomes
impossible , such
contracts become
void
Illustration
Reuel makes a contract with Rafiq to
buy Rafiq’s house if Tushar dies
before Reuel. This contract cannot be
enforced till the death of Tushar.
A makes a contract with B to sell a
house to B at a specified price, if C , to
whom the horse has been offered,
refuses to buy him. The contract
cannot be enforced by law unless and
until C refuses to buy the house

9. When contingency is the “non-
happening of an event”—Sec.33
Contract can be
enforced only
when happening of
the event becomes
impossible
Illustration
A agrees to pay B a sum
of money if a certain ship
does not return. The ship
is sunk. The contract can
be enforced only when
the ship sinks.

10. When contingency is the “future
conduct of a living person”—Sec.34
 The contract
becomes void
when such
person does
anything to make
the event
impossible
Illustration
A agrees to pay B a sum of
money if B marries C. C
marries D. The marriage of B
to C must now be considered
impossible, although it is
possible that D may die and
that C may afterwards marry
B.

11. When contingency is the “happening of an
event within a fixed time”—Sec.35
Contract becomes void :
__ If, at the expiration of
the time fixed, such event
has not happened.
__ If , before the time
fixed such event becomes
impossible.
Illustration
A promises to pay B a sum of
money if a certain ship returns
without a year. The contract
may be enforced if the ship
returns within the year, and
becomes void if the ship is
burnt within the year.

12. When contingency is the “non-happening of
an event within a fixed time”—Sec.35
Contract may be enforced:
-When the time fixed has
expired and such event has not
happened.
-When before the time fixed
has expired, it becomes certain
that such event will not
happen.
Illustration
A promises to pay B a
sum of money if a certain
ship does not return
without a year.
The contract may be
enforced if the ship does
not return within the year,
or is burnt within the year.

13. QUASI – Contract
of introduction
Quasi contract may be exercised under following five condition-
Necessaries of life supplied to incapable person or to his dependents.
Person pays money on behalf of the one, who is legally bound to pay.
Person enjoying the benefits of no gratuitous act.
Person finds the goods belonging to others.
Person to whom money has been paid or anything delivered by
mistake or under coercion.

14. Types of Quasi Contract
• Claim for necessaries supplied to persons
incapable of contracting. Sec—68
• Right to recover money paid for another
person. Sec—69
• Obligation of person enjoying benefits act.
Sec—70
• Responsibility of finder of goods. Sec—71
•Liability for money paid or thing delivered
by mistake or by coercion. Sec—72
Liability for money paid or thing delivered by mistake or by coercion. Sec—72

15. Claim for Necessaries supplied to
persons incapable of contracting
 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.
Illustration
A supplies B, a minor necessary
book for his studies. A is entitled
to be reimbursed from B’s
property
A supplies daily ration to the
wife and children of B, a lunatic. A
is entitled to be reimbursed from
B’s property.

16. Right to recover money paid for
another person
•A person,
Who is interested in
the payment of money
Which another is
bound by law to pay,
and Who therefore pay
it, Is entitled to be
reimbursed by the
other.(Sec.69)
Illustration
A is tenant of house owned
by B. B has not paid municipal
taxes due to corporation and
corporation has ordered
seizure of the property . A pay
the taxes to corporation. A can
recover this money from B.

17. Obligation of person enjoying benefits act
• Where a person,
Lawfully does anything for another
person, or delivers anything to
him , and He does not intend to
do so gratuitously, and Other
person enjoys the benefit
thereof , The latter is bound to
compensate the former in
respect of the thing so done or
delivered.(Sec.70)
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
•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 .

18. 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
(Sec.71)
• Thus a finder of goods has:
_To take proper care of the goods
as a man of ordinary prudence
would take.
_No right to appropriate the good
Illustration
Rafiq , a shopkeeper finds a
diamond bracelet in his shop and
keep it in an open shelf from
where it goes missing. Rafiq is
liable to compensate the owner
since he has not taken the proper
care which a prudent man would
have taken.

19. Liability for money paid or thing
delivered by mistacke or by coercion
-A person to whom money
has been paid, or anything
delivered,by mistake or
under coercion,
-Must repay or return it.
(sec.72)
Illustration
•Rafiq and Tushar jointly owe 200
rupees to Masum, Rafiq alone pays
the amount to Masum and Tushar
not knowing of this fact pays 200
rupees over again to Masum.
Masum bound to repay the
amount to Tushar.

20. • To conclude I want to say
my opinion in this way that
contingent contract is a
conditional contract on the
other hand Quasi contract
is like a contract but not
exactly a contract .