CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACTSQUASI CONTRACTS Meaning of Quasi Contrat
Certain relations between parties resemble those created by c ontract. Law requires a person who receives the benefit to pay or compensate the person giving the benefit, even though he receives the benefit without any contract. There is no contract infact, but is created by law. Such a contract created or constituted by law is called quasi contract. Quasi contracts are also called ‘implied contracts. TY!ES O" QUASI CONTRACTS Setion #$ C%ai& for su''%( of neessaries to 'erson ina'a)%e of ontrating
!f a person, incapable of entering into a contract, or anyone 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 the property of such incapable person. !llustrations " supplies #, a lunatic, with necessaries suitable to his condition in life. " is • entitled to be reimbursed from #s property •
" supplies the wife and children of #, a lunatic, with necessaries suitable to their condition in life. " is entitled to be reimbursed from #s property
$hat are necessaries% neces saries% $hat are necessaries as such is a mi&ed question of fact and law in each case. Things suited to the conditions of incompetent parties, p arties, can be classified as ‘necessaries. 'ecessaries include articles required to maintain a particular person in the the state and degree in the life in which he is. Things necessary are those without which an individual cannot reasonably e&ist. Loan to a minor to save his property from sale in e&ecution of a decree is necessity.
Setion #* Rei&)urse&ent of &one( 'ai+ in ,i e is intereste+
" person, who is interested in the payment of money which another is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other. !llustrations "mitabh holds land in #ihar, on a lease granted by Lalu, the (amindar. The • revenue payable by Lalu to the )overnment being in arrears, his land is advertised for sale by the )overnment. *nder the revenue law, the consequence of such sale will be the annulment of "mitabhs lease. "mitabh to prevent the sale and the consequent annulment of his own lease, pays to the government the sum due from Lalu. Lalu is bound to ma+e good to "mitabh the amount so paid. • ssentials •
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There must be a person who is bound by law to ma+e a certain payment. The person paying must himself not be bound to pay. There must be another person who is interested in such payment being made. The payments must have made by such person interested. !nterest should e&ist at the time of payment. The payment must be made bonafide for the protection of ones own interest. The payment must have been made in good faith.
Setion ./ O)%igation of 'erson to 'a( for en0o(ing )enefit of a non-gratuitous at1
$here a person lawfully does anything for another person, or delivers anything to h im, not intending to do so gratuitously and such other person en-oys the benefit thereof, the latter is bound to ma+e compensation to the former in respect of, or to restore, the thing so done or delivered. ssentials "ct must be lawful. • The person must have actually supplied goods or rendered service. • Services should have been received without any request. • The person doing the act must not have intended to do it gratuitously. • The person for whom the act is done must have en-oyed the benefit it. •
!llustrations ", a tradesman leaves goods at #s house by mista+e. # treats those goods as his own. # is bound to pay to " for them. " saves #s property from fire. 'ow " is entitled to be paid, provided the circumstances show that he did not intend to act gratuitously.
Setion .2 Res'onsi)i%it( of fin+er of goo+s1
" person who finds goods belonging to another and ta+es them into his custody, is sub-ected to the same responsibility as a bailee. . /uties of 0inder of )oods1 •
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2e must with reasonable diligence trace the true owner. 2e is responsible as a bailee to ta+e due care of the goods as a man of ordinary prudence would ta+e of his own goods.
3. 4ights of finder of )oods1 •
2e is entitled to the possession of the goods till the true owner is found.
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2e is entitled to retain this good until he receives the lawful charges or compensation for retaining the goods and for care and preservation thereof. 2owever, he cannot sue for such compensation unless a specified reward has been advertised by the owner.
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2e can sell the goods if1 the commodity is perishable the owner cannot be found owner refuses to pay the lawful charges lawful charges amount to 356rd of the value of commodity found
Setion .3 Lia)i%it( of a 'erson to ,o& &one( is 'ai+ or ting +e%i4ere+ )( &ista5e or un+er oerion
" person to whom money has been paid, or anything delivered, by mista+e or under coercion, must repay or return it. 7oney paid under mista+e is recoverable whether the mista+e be of fact or of law. !llustration " and # -ointly owe 4s. 88 to C. " alone pays the amount to C and # not +nowing this fact, pays 4s. 88 over again to C. C is bound to repay the amount to #.
Contrat an+ Quasi Contrat Distinguise+
Contract . Contract is an agreement 3. Contract has certain essential elements 6. 0ull 0ledged contract
Quasi Contract . There is no agreement at all 3. Some essentials are absent. 6. 4esembles a contract, implied contract
