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Quasi ontractsHARSH YADAV
SWAYAM DATTA
PRESENTED BY :-
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QUASI CONTRACT
A legal agreement created by the courts between twoparties who did not have a previous obligation to eachother. A normal contract requires two parties to
consent to mutually agreeable terms. Under a quasicontract, neither party is originally intended to createan agreement. Instead, an arrangement is imposed bya judge to rectify an occurrence of unjust enrichment.
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The Salient features of Quasi
Contractual right ,are as follows:
1. Firstly, it does not arise form any agreement of theparties concerned, but is imposed by the law; and
2. Secondly, it is a right which is available not againstthe entire world, but against a particular person orpersons only.
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Difference between contract
and quasi contract
ontract Results from the will of the
parties expressed with aview 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 afull fledged contract. is animplied contract
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Kinds of Quasi contracts:1. Supply of necessities (Sec.68)
2. Payment by an interested person
(Sec.69)
3. Obligation to pay for non gratuitous act
(Sec.70)
4. Responsibility of finder of goods
(Sec.71)
5. Mistake or Coercion (Sec.72)
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Section 68claim 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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Section 69 Reimbursement of money paid, in which he is interested
A person who has paid a sum of money which another is
obliged to pay, is entitled to be reimbursed by that other
person provided the payment has been made by him to
protect his own interest
ESSENTIAL REQUIREMENTS OF SEC.69
1. The payment made should be bona fide for the protection of ones
interest.
2. The payment should not be a voluntary one.
3. The payment must be such as the other party was bound by law topay.
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Section 70Obligation of person to pay for enjoying benefit of non-
gratuitous act
Essentials:act must be lawful
person must have actually supplied goods andservices
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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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 2/3rdof the value of the
commodity
A person who finds good belonging to another and takes them into custodyis subject to the same responsibility as a bailee
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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.
EXAMPLE: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.
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