Law Quasi Contracts Final Ppt

8/13/2019 Law Quasi Contracts Final Ppt

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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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Law Quasi Contracts Final Ppt

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