QUASI CONTRACTS
Quasi
contract is a transaction in which there is no contract between the parties ,
the law creates certain rights and obligations between them which are similar
to those created by a contract. For eg.
A gas company sends a gas cylinder to A but by mistake it is delivered to B who
takes it and uses it. In this case the company reserves the right to receive
the payment for the cylinder from B .These relationships are known as quasi or
constructive contracts.
Features of Quasi contract:
1. Such contracts are not made
by the desire of the parties but are created by law.
2. The duty of a party and not
a promise of any party is the basis of such contract.
3. The right under it is
available against specific person and not against the world.
TYPES
OF QUASI CONTRACTS
1.) Supply of necessities to persons incompetent to
contract(sec 68): If
a person is incapable of entering into an contract, or anyone whom he is
legally bound to support is supplied by other person with necessities then such
person is entitled to get the amt of such necessities from the property of such
person. For eg. Ajay is a minor. He
buys rice for food from vijay. Vijay can receive the cost of rice from Ajay’s
property.
In this connection, the following conditions need to be
met:
a)
The
goods provided to the incapable person must only be the necessaries of life.
b) Such necessaries must only
be provided to the incapable person or those who are dependent upon him.
c)
Such
necessaries must not be a gift or a charity.
d) It is only the property of
the incapable person which is liable for meeting the liability.
e)
Only
a reasonable price for these necessities can be realised from the property.
2) Right to recover money paid for another person(sec 69): A person
who is interested in payment of money which another is bound by law to pay or
who therefore pays it, is entitled to be reimbursed by the other. In the case, Hazari lal vs. Narang Lal, where H is the lease holder
of land that belongs to N who had not paid any land revenue for many years. The
state had served a notice to N that unless the arrears of the revenue were paid
by a certain date ,the land would be auctioned to realise the arrears. Acc to
the law, H lease would be terminated with the sale of land. H therefore paid
the revenue arears and later claimed the same from N .
3) Voluntary but non-gratuitous acts(sec 70): when a person lawfully
does anything for another person or delivers anything to him, not intending to
do so gratuitously and such person
enjoys the benefit thereof, then the later is bound to make compensation to former.
For eg. A by mistake delivers some
goods to C instead of B and C uses it then he is bound to pay for the goods to
A.
4) Responsibility of finder of goods (sec 71): A person who finds
goods belonging to another and takes them into his custody and spends some amt
on them as a maintenance then that person has a right to reimbursed the money
from the owner of the goods. And if the owner refuses to reimburse the expenses
that was incurred by the finder then finder has full right to keep the goods
with him and not to return to the owner of such goods . In that case the finder
cannot sue against the owner of the goods but considered those goods as his
own.
5) Payment of money or delivery of goods by mistake or under coercion(sec
72): A person to whom money has been paid or anything delivered by mistake
or under coercion, must repay or return it to a person who paid it by mistake
or under coercion. For eg. A and B
jointly owe Rs 10000 to C. A alone pays the amt to C without the knowledge of
B. Later B also pays Rs 10000 to C to clear the loan. Here, C is lawfully bound
to return the amt paid by B.
