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Offer and
Acceptance
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Generally a contract comes into existence as a result of
Subjects Project Reports Discussion Meaning,us
Analysis
offer made by one party and its acceptance by the other
Topics Merits and
party, with free will of both the parties. However under
Demerits
certain conditions even though no will is expressed by
both the parties for creating contractual relations, the
Legal Effects
law creates and enforces legal rights and obligations.
of MOA and
Such contracts are known as Quasi Contracts. The
AOA
principle behind Quasi Contracts is that a person shall
(Importance of MOA and
not be allowed to enrich himself at the expense of
AOA)
another.
Essentials of a
Section 68 to 72 of the Contract Act deals with 5 different Valid Contract
kinds of Quasi Contracts explained below:
Example:
A supplies B, a lunatic, with necessaries suitable to his
condition in life. A is entitled to be reimbursed from B’s
property.
Example:
A holds land in Bengal on a lease. B is the owner of the
land. The land revenue payable by B to the government is in
arrears and therefore the government advertised the land
for sale to recover the dues. To prevent the sale of land A
pays the arrears of land revenue. In this case B is bound to
reimburse the amount to A.
3. Payment for Non-gratuitous act(Section 70):
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Where a person lawfully does anything for another
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person or delivers anything to him not intending to do so
Topics
gratuitously and such other person enjoys the benefit
thereof, the later is bound to make compensation to the
former in respect of, or, to restore the thing so done or
delivered.
Example:
A, a tradesman, leaves his good at B’s house by mistake. B
treats the goods as his own and uses them. B is bound to
pay for the goods.
Example:
A and B jointly owe Rs.5,000 to C. A alone pays this amount
to C. B not knowing this again pays Rs.5,000 to C. In this
case C is bound to repay Rs.5,000 to B as this amount is
paid to him by mistake.
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