Quasi_Contracts_ppt

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Quasi Contracts : 

Quasi Contracts Group 7 Viraj Shirodkar pgpm09a_30 Balakrishna Bhat pgpm09a_29 Anant Tripathi pgpm09a_27 Saumya Agrawal pgpm09a_12

Quasi contracts : 

Quasi contracts Quasi means ‘almost’ or ‘apparently but not really’ or ‘as if it were’ Obligation between parties is not contractual but one which is treated as contractual by law Courts create quasi contracts to protect the unjust enrichment of the parties in dispute over payment of goods or services

Difference between contract and quasi contract : 

Difference between contract and quasi contract Contract Results from the will of the parties expressed with a view to create an obligation Is an agreement Has certain essential elements Is a full fledged contract and is binding Quasi contract Is an obligation resembling that created by a contract There is no agreement at all Essentials for formation of a contract are absent Resembles a contract. not a full fledged contract. is an implied contract

Types of Quasi contracts: : 

Types of Quasi contracts: Supply of necessities (Sec.68) Payment by an interested person (Sec.69) Obligation to pay for non gratuitous act (Sec.70) Responsibility of finder of goods (Sec.71) Mistake or Coercion (Sec.72)

Section 68 “claim for supply of necessaries to person incapable of contracting” : 

Section 68 “claim for supply of necessaries to person incapable of contracting” Person incapable of contracting includes: A minor Person of unsound mind Person disqualified by law to which they are subject

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Necessaries includes: Things suited to the conditions of incompetent parties Articles without which a person cannot reasonably exist Articles required to maintain a particular person in the state and degree in which he is Illustration: A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property. A minor studying at Cambridge was supplied with clothing, including eleven waist- wats. He already had sufficient clothing with him. It was held that the waist-wats were not necessary articles and so he was not required to pay for them.

Section 69 “ Reimbursement of money paid, in which he is interested” : 

Section 69 “ Reimbursement of money paid, in which he is interested” Essentials: There must be a person who is bound by law to make a certain payment. The person paying must himself not be bound to pay. Where he is jointly liable to pay, he cannot recover the paid amount under this section. There must be another person who must be interested in such payment being made. Interest must exist at the time of payment The payment must be made bonafide for the protection of one’s own interest. Case: Secretary of state v. G.T. Sarin & Co.

Section 70“Obligation of person to pay for enjoying benefit of non-gratuitous act” : 

Section 70“Obligation of person to pay for enjoying benefit of non-gratuitous act” Essentials: act must be lawful person must have actually supplied goods and services Services should have been received without any request act must have been done non-gratuitously person for whom the act has been done should have enjoyed it

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Illustration: A, a tradesman, leaves his goods at B’s place by mistake and B treats the goods as his own. He is bound to pay A for them. A saves B’s property from fire. A is entitled to receive compensation from B if it is proved that he did not intend to act gratuitously. Case: Damodara mudaliar v. Secretary of state for India

Section 71:“ responsibility of finder of goods” : 

Section 71:“ responsibility of finder of goods” His rights: Entitled to retain the goods until he receives the lawful charges or compensation for retaining the goods and taking care of them. However, he cannot sue for such compensation unless a specified reward has been advertised by the owner. Entitled to possess the goods until the true owner is found Can sell the goods when: Commodity is perishable Owner cannot be found Owner refuses to pay compensation Compensation amounts to 2/3rd of the value of the commodity

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His liabilities: Responsible to take care of the goods as if they were his own Must with reasonable diligence trace the true owner Case: Hollins v. Fowler

Section 72:“Liabilities of a person to whom money is paid or thing delivered by mistake or under coercion” : 

Section 72:“Liabilities of a 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. Illustration: A and B jointly owe Rs.100 to C. A alone pays the amount. B not knowing it also pays to C. C is bound to repay the amount to B. A railway co. refuses to deliver certain goods to the consignee, except upon the payment of illegal charge for carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to receive the excessive amount as paid by him.

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