Quasi contracts

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1. PRESENTED BY DHIRAJ KAUSHIK 2.  Quasi contracts are the contracts which are not founded on actual promises.  These contracts are created by circumstances, where…
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  • 1. PRESENTED BY DHIRAJ KAUSHIK
  • 2.  Quasi contracts are the contracts which are not founded on actual promises.  These contracts are created by circumstances, where one person has done something for another or paid money on his behalf, and the other person enjoyed the benefit of the same.  The basis of quasi-contract is to prevent unjust enrichment or unjust benefit, i.e. No man should grow rich out of another person’s loss.
  • 3.  Let's take the most basic example first. Let's say you pay for a pizza to be delivered. If that pizza is delivered to another house, and someone else enjoys your three-topping special, a quasi contract could be initiated. Now, the pizzeria could be court ordered to reimburse you for the amount you paid for that pie.
  • 4. 1. Claim for necessaries supplied (SEC.68) 2. Payment by an interested person (SEC.69) 3. Obligation of a person enjoying benefit of non-gratuitous act (SEC.70) 4. Responsibility of finder of goods ( SEC.71) 5. Money paid by mistake or under coercion (SEC.72)
  • 5.  Claim for necessaries supplied to person incapable of contracting, or on his account.— 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 incapable person.
  • 6.  A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property. (a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property."
  • 7.  A person must by law be bound to pay some money.  Another person must be interested in the payment of that money.  The other person must have paid the money because of such interest.
  • 8.  A’s goods were wrongfully attached to realise the arrears of Government revenue due by B. A pays the dues to save his property. He is entitled to recover the amount from B.
  • 9.  The thing must have been done lawfully.  It must have been done by a person not intending to act gratuitously.  The person to whom the act is done must have enjoyed the benefit of it.  A, a tradesman leaves good at B’s house by mistake. B treated the good as his own. He is bound to pay A for them.
  • 10.  A person who finds goods belonging to another and takes into his custody , is subject to the same responsibility as a bailey.
  • 11.  A person to whom money has been paid or anything delivered by mistake or under coercion, must repay or return it.  A and B jointly owe 100 rupees to C. A alone pays the amount to C and B not knowing of this fact pays 100 rupees over again to C. C is bound to repay the amount to B.
  • 12.  It is also a type of quasi contract.  Quantum meruit is a Latin phrase meaning "what one has earned".
  • 13.  It is only available if the original contract has been discharge.  The claim must be brought by the party not in default.
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