QUASI

CONTRACTS

QUASI CONTRACTS
(SECTION 68-72)

In certain circumstances contracts are imposed by law although the parties

have never entered into a contract

Such obligations imposed by law are referred to as Quasi contracts or

Constructive contracts.

QUASI CONTRACTS UNDER THE INDIAN CONTRACT ACT

The Contract Act deal with Quasi Contractual Obligation

under section 68 to 72, which are-:
1.

Claim for necessaries supplied to a person incapable of contracting.

2.

Payment by an interested person

3.

Obligation of person enjoying benefit of a non-gratuitous act.

4.

Responsibility of finders of goods.

5.

Liability of person to whom money is paid , or things delivered by mistake.

1).CLAIM FOR NECESSARIES SUPPLIED TO A

PERSON INCAPABLE OF CONTRACTING

If a person, incapable of entering into a contract, or any one who is legally

bound to support, is supplied by another person with necessaries suited to
his conditions in life ,the person who has furnished such supplies is entitled to
be reimbursed from the property of such incapable person.

2).PAYMENT BY AN INTERESTED PERSON

Under section 69 of the Act, a person, who is interested in payment of money

which was supposed to be paid by another but pays it, is entitled for
reimbursement from the said person.

3).OBLIGATION OF PERSON ENJOYING

BENEFIT OF A NON-GRATUITOUS ACT.
Where a person lawfully does any thing for another person, or delivers any
thing to him, not intending to do so gratuitously, and such other person enjoys
the benefit thereof, the latter is bound to make compensation to the former in
respect of, or to restore the thing so done or deliver.

4).RESPONSIBILITY OF FINDERS OF GOODS.

Under section 71 of the Act, a person who finds goods belonging to another
person and takes them into his custody is subject to the same responsibility
as a bailee .Thus an agreement is also implied by law between the owner
and finder of goods the later is deemed to be a bailee.

DUTIES OF FINDER OF GOODS

1.
2.

3.

He must try to find to find out the real owner of the goods and must not
appropriate the property to his own use.
If the real owner is traced , he must restore the goods to him on his
demands. If he doesnt take these measures, he will be guilty of criminal
misappropriation of the property under section 403 of Indian penal code.
Till the goods are in possession of the finder ,he must take as much care
of the goods as a man of ordinary prudence would.

RIGHTS OF FINDER OF GOODS

He is entitled to receive from the true owner ,all expenses
incurred by him for preserving the goods or finding the true
owner.

He can refuse to return the goods to true owner until these

moneys are paid.

THE FINDER OF GOODS IS ENTITLED TO SELL THE GOODS ,IN THE

FOLLOWING SITUATIONS-:

1. When the thing is in danger of perishing or losing the greater part of its
value.

2. When the lawful charges of the finder amount to at least twothird of the
value of goods.

5).LIABILITY OF PERSON TO WHOM MONEY IS PAID ,

OR THINGS DELIVERED BY MISTAKE.

Under section 72 of the Act, a person who receives money or

goods by mistake or under compulsion is liable to return it.

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