Quasi Contract | Indian Contract Act in Tamil | CA,CMA,CS Foundation Law Video Classes series.
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- เผยแพร่เมื่อ 4 ต.ค. 2024
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Quasi Contract
Under certain circumstances, the law creates and enforces legal rights and obligations although the parties have never entered into a contract.
Such obligations imposed or created by law are known as “Quasi-Contracts”.
In other words, Contracts constituted by law are known as Quasi Contracts.
In other words, relationship in nature of a contract is also a quasi contract.
The Indian Contract Act describes them as “certain relations resembling those created by contracts”.
In English law, they are referred to as “implied contracts or constructive contracts”.
Quasi-contracts are based on the principles of equity and justice.
The claim based on a quasi contracts is generally for money.
The remedy in quasi-contracts is only compensation and not damages.
Example:
A delivers goods to B mistaking him to be C, and B consumes them.
B is bound to pay compensation to A for the value of goods.
Law imposes such a duty on B.
This is a quasi-contract.
Features of a Quasi Contract:
The salient features of a quasi contract are as under:
1. It is imposed by law and does not arise by agreement.
2. The duty of a party and not the promise of any party is the basis of such contract.
3. The right under it is always a right to money and though not always to a liquidated sum of money.
4. The right is available against specific persons and not the whole world.
5. A suit for breach may be filed in the same way as in case of a complete contract.
Types of Quasi-Contracts:
The Indian Contract Act deals with the following quasi-contractual obligations.
They are:
1. Claims for necessaries supplied to a person incompetent to contract. (Sec 68).
2. Payment by an interested person. (Sec 69)
3. Benefits of non-gratuitous act. (Sec 70)
4. Responsibility of finder of goods. (Sec 71)
5. Money paid by mistake or under coercion. (Sec 72)
1. Claims for necessaries supplied:
Where necessaries are supplied to a person who is incompetent to contract, the supplier is entitled to recover the price from the property of the incompetent person under section 68 of the Indian Contract Act.
Example:
A supplies B, a minor, with necessaries suitable to his condition in life.
A is entitled to be reimbursed from B’s property.
2. Payment by an interested person:
Section 69 provides that a person who is interested in the payment of money of which another is bound by law to pay, and who therefore, pays it, is entitled to be reimbursed by the other”.
In order to apply section 69, the following conditions must be satisfied.
Example :
Property Tax paid by tenant.
a. The payment made should be bonafide for the protection of one’s interest.
b. The payment should not have been made gratuitously or voluntarily.
c. Another person must be bound by law to pay.
d. The payment must be made to a third party and not to himself.
3. Benefits of non-gratuitous act:
Section 70 deal with the obligation of a person enjoying benefit of a non-gratuitous act.
When a person lawfully does anything for another person or delivers anything to him, not intending to do so gratuitously, such person who enjoys the benefit must reimburse the former or must restore to him the thing so delivered.
For the application of section 70, the following conditions must be fulfilled. a. The act must have been done lawfully.
b. It must have been done by the person not intending to act gratuitously, i.e., without any consideration.
c. The person for whom the act is done must have enjoyed the benefit of that act.
Illustrations
(a) A, a tradesman, leaves goods at B‟s house by mistake. B treats the goods as his own.
He is bound to pay A for them.
(b) A saves B‟s property from fire.
A is not entitled to compensation from B, if the circumstances show that he intended to act gratuitously.
4. Responsibility of finder of goods:
A person who finds goods belonging to another and takes them into his custody is liable as a bailee.
The finder of goods must try to find out the real owner of the goods and deliver the goods to him on demand.
The obligations are imposed on finder of goods by Section 71 of the Indian Contract Act.
5. Money paid by mistake or under coercion:
According to section 72, 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 ₹ 100 to C.
A alone pays the amount to C, and B, not knowing this fact, later on also pays ₹ 100 to C.
C is bound to repay the amount to B.
Distinction between Quasi Contracts and Contracts:
Basis
Essential elements for formation of contracts.
Obligation.
Quasi Contracts
The essential elements for formation of contracts are absent.
Obligation is imposed by law.
Contracts
Essential elements for formation of contracts are present.
Obligation is created by consent of parties.
Thank you sir, for this video
Super bro. Very Clear explanation.
Sir, when u will be posting next video...(Go ahead with sale of goods act),sir....🙏
HI SIR I AM CURRENTLY STUDY CMA FOUNDATION EXAM CONDUCT FROM 1 SEP SIR I AM GO TO NEXT LEVEL FOR CMA INTER I LIKE TO STUDY IN FULL TIME CLG SIR PLEASE SIR U HAVE SUGGESTION FOR SOME COLLEGES SIR
Thank you very much sir
Super sir
All subjects kum video podunga bro
Sir ,Exams will be postponed/cancelled for CMA (sept)
Sir please put contingent contact video
May I know your qualification
Are you a CA/CS/CMA
CA Qualified
Sir is there are any college available for study direct CA course after 12th..pls tell me sir
Coaching Centre only available. because it is self study Professional course not Degree Course.