QUASI CONTRACT:
Quasi contracts are the contracts that do not
fulfill all the essentials of a valid contract, still they are enforceable by
law and are called Quasi Contract or Constructive Contract.
It arises under special circumstances. The law
requires that a person must perform some obligations under certain
circumstances.
PRINCIPLE OF QUASI CONTRACT:
“No one shall take advantage at the cost/loss of
another”.
CIRCUMSTANCES OF QUASI CONTRACT:
There are five different circumstances in which a
quasi contract arises:
SITUATION 1: SECTION 68;
CLAIM FOR NECESSARIES SUPPLIED TO A PERSON
INCAPABLE OF CONTRACTING OR ON HIS ACCOUNT.
“If a person supplies necessaries to a
person(suited to his condition in life), who is incompetent to contract or to any
person whom he is legally bound to support, the supplier can recover a
reasonable price of such necessaries from the property of such person”.
·
EXPLANATION:
·
Incompetent to
contract:
1)
Minor. 2) Insane. 3)
Insolvent. 4) Convict.
·
Necessaries:
1)
Short term e.g food,
health, shelter, basic education etc.
2)
Long term e.g Higher
Education, expenditure on court proceedings etc.
·
If the person incompetent to
contract is supplied with necessaries (suited to his conditions in life) but he
owns no property, the supplier cannot recover the price of such necessaries.
Examples:
1)
Mustaqim supplies necessaries to Maaz, a
minor. Mustaqim can recover the price from Maaz's property.
2)
Hasnain supplies necessaries to the wife
and children of an insane person Mustaqim. Hasnain can recover from Mustaqim's
property.
SITUATION 2: SECTION
69;
REIMBURSEMENT OF PERSON
PAYING MONEY DUE BY ANOTHER IN PAYMENT OF WHICH HE IS INTERESTED.
“A person who is
interested in payment of money which another is bound by law to pay, and who therefore
pays it, is entitled to be reimbursed by the other”.
There are two important
points in this section:
1)
Person interested in
the payment of money.
It is necessary for the person
claiming under the provisions of this section to show that he had an interest
in paying the money at the time of payment.
2)
Bound by law:
The liability for which payment may
be made under this section need not to be statutory and extend to any
application which is an effective bond in law.
Examples:
1)
“A” rented his house to “B”. “B” paid
all the outstanding electricity bills of “A” to avoid disconnection of
electricity. “B” can recover the payment from “A”.
2)
“B” imported goods and stored it in C's
warehouse without paying custom duty. The custom authorities recovered custom
duty from “C”. “C” can recover from “B”.
SITUATION 3: SECTION 70;
OBLIGATION OF PERSON
ENJOYING BENEFIT OF NON-GRATUITOUS ACT.
“When a person lawfully
does anything for another person or delivers anything to him, not intending to
do so gratuitously, and such other person enjoys the benefits thereof, the
latter is bound to make compensation to the former n respect of, or to restore ,
the thing so done or delivered”.
Explanation:
Non-Gratuitous Act:
An act
which is performed by one person to get compensation from another person is
called non- gratuitous act.
The person who performs such act(non-gratuitous act)
for the benefit of another person can recover the compensation for such acts.
Examples:
1)
“C”, a coolie, carries the luggage of “B”at
a railway station without asking. “B” does not object to it. “C” can demand
payment from “B”.
2)
“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.
3)
“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.
SITUATION 4: 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.”
Explanation:
· The
finder of goods must take reasonable care of goods.
· He
must try to find the real owner of the goods and must return the goods to him.
Example:
“X”, a guest found a
diamond ring at the birthday party for”Y”. “X” told “Y” and other guests about it.
a)
If “X” finds out the owner, then “X”
will have to return the diamond ring to his owner.
b)
If “X” is unable to find the owner, then he
can retain the ring.
SITUATION 5: SECTION 72
LIABILITY OF PERSON TO WHOM MONEY IS PAID, OR
THING DELIVERED, BY MISTAKE OR UNDER COERCION.
“A person to whom money is paid or anything
delivered, by mistake or under coercion, must repay or return it”.
Explanation;
It means if a
person by mistake or under coercion pays money or believers goods to another
person, the person making the payment or delivering the goods can recover.
Examples:
1)
“C” paid money to “B” by mistake. “C”
can recover his money from “B”.
2)
A
railway company refuses to deliver up certain goods to the consignee, except
upon the payment of an illegal charge for carriage. The consignee pays the sum
charged in order to obtain the goods.
The consignee is entitled to recover so much of the charge as was
illegally excessive.
THE END
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