Contract act 1872Quasi-contract

Toiled by :-

Rajkumar Rajak

Quasi means almost or apparently but not really & Contract means an agreement enforceable by law.

* A Quasi contract is not a contract at all , because the essential elements for the formation of a contract are absent. It is an obligation imposed by law upon a person for the benefit of another even in the absence of a contract.

It is based on principle of equity.

Eg :- In case of plumber who accidently install a sprinkler system in the lawn of the wrong house. The owner of the house had learned the previous day that his neighbour was getting new sprinkler . That morning, he sees the plumber is installing them in his own lawn . Pleased at the mistake , he says nothing, and then refuses to pay when the plumber hands him the bill now it’s comes under quasi contract because the man already knew that the sprinkler were being installed mistakenly ,so court would may him pay because of quasi contract

Salient Features of Quasi Contractual Rights:-

A quasi contract is not a real contract. It is not based upon the offer and

acceptance rule. It does not arise from any formal

agreement but it is imposed by law. It is a right which is available not

against the entire world, but against particular person(s) only.

Doctrine of Quasi contract Unjust enrichment declares that a person shall

not be allowed to enrich himself at the expense of unknown parties.

&Quantum merit means “the actual value of

services performed “. It determines the amount to be paid for services when no contract exits or when there is doubt as to the amount due for the work performed but done under circumstances when payment could be expected .

(section

68 to 72)

Types of Quasi contract

1. Supply of Necessaries to Incapable Person (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.

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

2. Payment by Interested Person (Section 69):

A person, who is interested in payment of money, which another is bound by law to pay, and who therefore, pays it, is entitled to be reimbursed by the other.

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): 

Where a person lawfully does anything for another person or delivers anything to him not intending to do so 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.

4. Liability of Finder of Goods (Section 71):

A person who finds the goods belonging to another, and takes them into his custody is subject to same responsibility as a bailee. He must take reasonable care of the goods and keep them in sound condition and try to find out its true owner.

5. Payment of Delivery 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.

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.

A quasi-contract exists in the absence of a written contract and may be court ordered to avoid one party gaining at the expense of another party’s actions.

Thank you