Introduction - 


      Chapter -V, Section 68 to Section 72 of the Indian Contract Act, 1872 speaks about "Quasi-Contract or Certain relations resembling those created by contracts. These relations resembling contract are known as contract implied in law or a quasi-contract. It is not real contract or as it is called, a consensual contract based on the agreement of the parties. These obligations come into existence by a fiction of law.

Meaning and Definition of Quasi-Contract - 


Quasi Contract is based on the principle of equity. that "A person shall not be allowed to enrich himself unjustly at the expense of another. It means one should not accept or recieve any benefit unjustly.
  
In  the absense of Contract but on the principle ofr equity, imposes obligation on the party/person such obligation is called Quasi Contractual Obligation. It is same to a real contract between the Parties.

The term Quasi Contract is derived from the Roman Law "Obligatio quasi ex contractu". Quasi Contract is not real Contract entered into by parties intentionally. It resembles a contract in which law imposes on obligation on a person to perform an obligation on the ground of equity.  

    According to Salmond, " There are certain obligations which are not in truth contractual in the sense of resting on agreement, but which the law treats as if they were."


Example - 


XYZ leaves his wristwatch at ABC's house by mistake. here ABC has Quasi-contractual obligation to return it to XYZ. 

 Note - Generally, In a contract, obligations are created on the parties out of an agreement but In these type of contracts (quasi-contracts) obligations are created on the parties without any agreement.  

Kinds of Quasi Contracts - 


Section 68 to Section 72 of the Indian Contract Act, 1872 deals with Five Kinds of Quasi-Contract which are as follows - 

1) Claim for necessaries supplied to person incapable of contracting, or on his account (Section 68) - 

        " If 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 property of such incapable person.

Illustrations - 

     (a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property.

     (b) A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B’s property.

2) Reimbursement of person paying money due by another, in payment of which he is interested  (Section 69) - 

          A 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.

Illustration  - 

     B holds land in Bengal, on a lease granted by A, the zamindar. The revenue payable by A to the Government being in arrear, his land is advertised for sale by the Government. Under the revenue law, the consequence of such sale will be the annulment of B’s lease. B to prevent the sale and the consequent annulment of his own lease pays the Government the sum due from A. A is bound to make good to B the amount so paid.

3) Obligation of person enjoying benefit of non-gratuitous act (Section 70). - 

        Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such another person enjoys the benefit thereof, the letter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered.

4) Responsibility of finder of goods  (Section 71) - 

     A person who finds goods belonging to another, and takes them into his custody, is subject to the same responsibility as a bailee.

5) Liability of person to whom money is paid, or thing delivered, by mistake or under coercion (Section 72) - 

  A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.

 Illustrations - 

  (a) A and B jointly owe 100 rupees to C, A alone pays the amount to C, and B, not knowing this fact, pays 100 rupees over again to C. C is bound to repay the amount to B.

(b) 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. He is entitled to recover so much of the charge as was illegal and excessive.

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