SlideShare une entreprise Scribd logo
1  sur  19
QUASI-CONTRACT
BY- PAWEL GAUTAM
 Quasi contact is a binding obligation that is
imposed by the courts to avoid injustice or
unjust enrichment
 An implied-in-law contract imposed by the courts
to prevent injustice
 A special form of contract that lacks mutual assent
of the parties but which imposed on the parties by
the courts to avoid injustice
 A situation in which there is an obligation as if
there was a contract although the technical
requirements of a contract have not been fulfilled.
It is also called as implied-in-law contract
 A party has been enriched by some
benefit
 The enrichment is at the expense of
other.
 The retention of the enrichment is
unjust.
1. Supply of necessaries to person
Incapable of contracting. (sec. 68)
2. Payment by interested person.(sec. 69)
3. Obligation to pay for non-gratuitous
acts (sec. 70)
4. Responsibility of finder of goods
(sec. 71)
5. When money is paid or things delivered
by mistake or under coercion (sec. 72)
Any person supplying necessaries of life to
person who are incompetent to enter into
contract is entitled to claim the price from
the other person’s property.
Similarly where money is paid to such
person for the purchase of necessaries
, reimbursement can be claimed
The following points must be considered-
(i) The things supplied must come within the category
of necessaries.
(ii) Necessaries should be supplied only to such person
to whom he is legally bound to support e.g.
wife, children
(iii) He is liable to pay only a reasonable price, not the
price which he has agreed to pay
“A person who is interested in the payment of money
which another is bound by law to pay, is entitled to be
reimbursed by the other.”
 In this case B purchases A`s agricultural
land. On that land cess is in arrears for a
longer period which are actually to be
cleared by A, But B pays that amount. Here
Court creates a quasi contract between them
under.
 Section 69 and thus capacitates B to recover
that amount from A.
 Plaintiff should be interested in making
payment to protect his interest. The interest
should be legally recognizable.
 It is necessary that the plaintiff himself
should not be bound to pay.
 The defendant should have been ‘bound by
law’ to pay the money.
 The plaintiff should have made the payment
to another person.
 When one party Conducts an activity
and its benefit is attained by another
party, then also Court can create a
quasi Contract.
 In this case A is resident of a Village. The
local government conducts repairs to the
tank situated at A`s village. As a result A gets
benefited because the surrounding lands
belong to A. Here Court creates a Quasi
Contract and decides that A has to bear cost
of repairs
 A person, who finds goods belonging to some
another and takes them into his custody, is
subject to the same responsibility as a bailee.
 Thus in respect of duties and liabilities, a finder
is treated at par with bailee. The finder’s
position is therefore considered along with
bailment.

 In this case B finds a diamond at A`s shop
and hands it over to A, requesting A to send
the diamond to true owner. True owner is
not found. When true owner is not found.
Finder gets the title. No one can claim share
in it. Here court creates a bailment contract
between B and A and thus capacitates B to
get diamond back.
 He can sue the owner for the specific reward
announced for the return of goods and recover the
reward.
 He is entitled to recover his lawful charges incurred in
preserving the goods and in order to find the true
owner.
 He can sell the goods if
 The goods are perishable in nature
 His lawful charges exceed two third of the value of
goods.
 When after due search, the true owner can not be
found.
 A person to whom money has been
paid or anything delivered by mistake
or under coercion must repay or return
it.
 In this case Mr. A pays Sales tax by
mistake though he is need to pay. Here
Court creates a quasi Contract and
capacitates A to recover that amount
Introduction Of Quasi Contract , Meaning Of Quasi Contract ,Principle Of Quasi Contact ,  Kinds of Quasi Contract With Example and Case..
Introduction Of Quasi Contract , Meaning Of Quasi Contract ,Principle Of Quasi Contact ,  Kinds of Quasi Contract With Example and Case..

Contenu connexe

Tendances

Quasi contract by Neeraj Bhandari ( Surkhet.Nepal )
Quasi contract by Neeraj Bhandari ( Surkhet.Nepal )Quasi contract by Neeraj Bhandari ( Surkhet.Nepal )
Quasi contract by Neeraj Bhandari ( Surkhet.Nepal )
Neeraj Bhandari
 
Dishonour of cheque
Dishonour of chequeDishonour of cheque
Dishonour of cheque
Divya Kalra
 

Tendances (20)

Contingent contract
Contingent contractContingent contract
Contingent contract
 
Llb i bpoc u 3.2 quasi contracts
Llb i bpoc u 3.2 quasi contractsLlb i bpoc u 3.2 quasi contracts
Llb i bpoc u 3.2 quasi contracts
 
Wagering & Contingent contracts.
Wagering & Contingent contracts.Wagering & Contingent contracts.
Wagering & Contingent contracts.
 
Rights and duties of agent, Principal and Delegation of authority
Rights and duties  of agent, Principal and Delegation of authorityRights and duties  of agent, Principal and Delegation of authority
Rights and duties of agent, Principal and Delegation of authority
 
Remedies for breach of contract
Remedies for breach of contractRemedies for breach of contract
Remedies for breach of contract
 
Discharge of contract
Discharge of contractDischarge of contract
Discharge of contract
 
Rights of surety
Rights of suretyRights of surety
Rights of surety
 
Specific relief amendment act
Specific relief amendment actSpecific relief amendment act
Specific relief amendment act
 
Wagering agreements
Wagering agreementsWagering agreements
Wagering agreements
 
Contract of Indemnity and Guarantee
Contract of Indemnity and GuaranteeContract of Indemnity and Guarantee
Contract of Indemnity and Guarantee
 
Rights and liabilities of buyer and seller
Rights and liabilities of buyer and sellerRights and liabilities of buyer and seller
Rights and liabilities of buyer and seller
 
Rights of surety and nature of surety liability
Rights of surety and nature of surety liabilityRights of surety and nature of surety liability
Rights of surety and nature of surety liability
 
Quasi contract by Neeraj Bhandari ( Surkhet.Nepal )
Quasi contract by Neeraj Bhandari ( Surkhet.Nepal )Quasi contract by Neeraj Bhandari ( Surkhet.Nepal )
Quasi contract by Neeraj Bhandari ( Surkhet.Nepal )
 
Discharge of contract
Discharge of contractDischarge of contract
Discharge of contract
 
Consideration (3)
Consideration (3)Consideration (3)
Consideration (3)
 
sale and agreement to sale
sale and agreement to salesale and agreement to sale
sale and agreement to sale
 
Dishonour of cheque
Dishonour of chequeDishonour of cheque
Dishonour of cheque
 
Legality of Object
Legality of Object Legality of Object
Legality of Object
 
Quasi contracts
Quasi contractsQuasi contracts
Quasi contracts
 
Contract of guarantee
Contract of guaranteeContract of guarantee
Contract of guarantee
 

Similaire à Introduction Of Quasi Contract , Meaning Of Quasi Contract ,Principle Of Quasi Contact , Kinds of Quasi Contract With Example and Case..

INDIAN CONTRACT ACT 1872.pptx
INDIAN CONTRACT ACT 1872.pptxINDIAN CONTRACT ACT 1872.pptx
INDIAN CONTRACT ACT 1872.pptx
AishnaGarg
 
7527576 quasi-contracts-6
7527576 quasi-contracts-67527576 quasi-contracts-6
7527576 quasi-contracts-6
lucky3400
 
Quasi Contracts - Business Law
Quasi Contracts - Business LawQuasi Contracts - Business Law
Quasi Contracts - Business Law
Chandra M. Verma
 
Jojo obligation and contracts ppt.
Jojo obligation and contracts ppt.Jojo obligation and contracts ppt.
Jojo obligation and contracts ppt.
jojoisanan_mendoza
 
Contract act 1872
Contract act 1872Contract act 1872
Contract act 1872
butlu
 
unit 1(bailment-and-pledge).ppt
unit 1(bailment-and-pledge).pptunit 1(bailment-and-pledge).ppt
unit 1(bailment-and-pledge).ppt
Anand VA
 

Similaire à Introduction Of Quasi Contract , Meaning Of Quasi Contract ,Principle Of Quasi Contact , Kinds of Quasi Contract With Example and Case.. (20)

quasi contract
quasi contractquasi contract
quasi contract
 
Quasi contract
Quasi contractQuasi contract
Quasi contract
 
INDIAN CONTRACT ACT 1872.pptx
INDIAN CONTRACT ACT 1872.pptxINDIAN CONTRACT ACT 1872.pptx
INDIAN CONTRACT ACT 1872.pptx
 
7527576 quasi-contracts-6
7527576 quasi-contracts-67527576 quasi-contracts-6
7527576 quasi-contracts-6
 
Quasi contract
Quasi contractQuasi contract
Quasi contract
 
Law. md
Law. mdLaw. md
Law. md
 
Quasi Contracts - Business Law
Quasi Contracts - Business LawQuasi Contracts - Business Law
Quasi Contracts - Business Law
 
Quasi contract.pptx
Quasi contract.pptxQuasi contract.pptx
Quasi contract.pptx
 
Quasi contracts
Quasi contractsQuasi contracts
Quasi contracts
 
Quasi contracts
Quasi contractsQuasi contracts
Quasi contracts
 
Indian Contract Act 1872.pdf
Indian Contract Act 1872.pdfIndian Contract Act 1872.pdf
Indian Contract Act 1872.pdf
 
Business law
Business lawBusiness law
Business law
 
Legal Aspects of Business.pptx
Legal Aspects of Business.pptxLegal Aspects of Business.pptx
Legal Aspects of Business.pptx
 
Jojo obligation and contracts ppt.
Jojo obligation and contracts ppt.Jojo obligation and contracts ppt.
Jojo obligation and contracts ppt.
 
Quasi contracts- Certain Relations Resembling those created by Contract
Quasi contracts- Certain Relations Resembling those created by Contract Quasi contracts- Certain Relations Resembling those created by Contract
Quasi contracts- Certain Relations Resembling those created by Contract
 
Contract act 1872
Contract act 1872Contract act 1872
Contract act 1872
 
Bailment and Pledge - Business Law
Bailment and Pledge - Business LawBailment and Pledge - Business Law
Bailment and Pledge - Business Law
 
Void and Voidable Contract
Void and Voidable ContractVoid and Voidable Contract
Void and Voidable Contract
 
unit 1(bailment-and-pledge).ppt
unit 1(bailment-and-pledge).pptunit 1(bailment-and-pledge).ppt
unit 1(bailment-and-pledge).ppt
 
Bailment and-pledge
Bailment and-pledgeBailment and-pledge
Bailment and-pledge
 

Plus de Pawel Gautam

Plus de Pawel Gautam (7)

Analyzing The Outperforming Sector In Volatile Market
Analyzing The Outperforming Sector In Volatile MarketAnalyzing The Outperforming Sector In Volatile Market
Analyzing The Outperforming Sector In Volatile Market
 
Budget 2014 – 15 , With Special Reference to F.D.I
Budget 2014 – 15, With Special Reference to F.D.I Budget 2014 – 15, With Special Reference to F.D.I
Budget 2014 – 15 , With Special Reference to F.D.I
 
Infrastructure (Budget 2014-15)
Infrastructure (Budget 2014-15)Infrastructure (Budget 2014-15)
Infrastructure (Budget 2014-15)
 
Industrial loan, MSME LOAN , SME TERM LOAN
Industrial loan, MSME LOAN , SME TERM LOANIndustrial loan, MSME LOAN , SME TERM LOAN
Industrial loan, MSME LOAN , SME TERM LOAN
 
Players of Money Market and Capital Market
Players of Money Market and Capital Market Players of Money Market and Capital Market
Players of Money Market and Capital Market
 
Management information system (MIS)
Management information system (MIS)Management information system (MIS)
Management information system (MIS)
 
Definitions of management by various author
Definitions of management by various authorDefinitions of management by various author
Definitions of management by various author
 

Dernier

The basics of sentences session 3pptx.pptx
The basics of sentences session 3pptx.pptxThe basics of sentences session 3pptx.pptx
The basics of sentences session 3pptx.pptx
heathfieldcps1
 

Dernier (20)

Kodo Millet PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...
Kodo Millet  PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...Kodo Millet  PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...
Kodo Millet PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...
 
The basics of sentences session 3pptx.pptx
The basics of sentences session 3pptx.pptxThe basics of sentences session 3pptx.pptx
The basics of sentences session 3pptx.pptx
 
Mehran University Newsletter Vol-X, Issue-I, 2024
Mehran University Newsletter Vol-X, Issue-I, 2024Mehran University Newsletter Vol-X, Issue-I, 2024
Mehran University Newsletter Vol-X, Issue-I, 2024
 
Sensory_Experience_and_Emotional_Resonance_in_Gabriel_Okaras_The_Piano_and_Th...
Sensory_Experience_and_Emotional_Resonance_in_Gabriel_Okaras_The_Piano_and_Th...Sensory_Experience_and_Emotional_Resonance_in_Gabriel_Okaras_The_Piano_and_Th...
Sensory_Experience_and_Emotional_Resonance_in_Gabriel_Okaras_The_Piano_and_Th...
 
Micro-Scholarship, What it is, How can it help me.pdf
Micro-Scholarship, What it is, How can it help me.pdfMicro-Scholarship, What it is, How can it help me.pdf
Micro-Scholarship, What it is, How can it help me.pdf
 
Wellbeing inclusion and digital dystopias.pptx
Wellbeing inclusion and digital dystopias.pptxWellbeing inclusion and digital dystopias.pptx
Wellbeing inclusion and digital dystopias.pptx
 
Python Notes for mca i year students osmania university.docx
Python Notes for mca i year students osmania university.docxPython Notes for mca i year students osmania university.docx
Python Notes for mca i year students osmania university.docx
 
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptxHMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
 
Google Gemini An AI Revolution in Education.pptx
Google Gemini An AI Revolution in Education.pptxGoogle Gemini An AI Revolution in Education.pptx
Google Gemini An AI Revolution in Education.pptx
 
Jamworks pilot and AI at Jisc (20/03/2024)
Jamworks pilot and AI at Jisc (20/03/2024)Jamworks pilot and AI at Jisc (20/03/2024)
Jamworks pilot and AI at Jisc (20/03/2024)
 
ICT role in 21st century education and it's challenges.
ICT role in 21st century education and it's challenges.ICT role in 21st century education and it's challenges.
ICT role in 21st century education and it's challenges.
 
NO1 Top Black Magic Specialist In Lahore Black magic In Pakistan Kala Ilam Ex...
NO1 Top Black Magic Specialist In Lahore Black magic In Pakistan Kala Ilam Ex...NO1 Top Black Magic Specialist In Lahore Black magic In Pakistan Kala Ilam Ex...
NO1 Top Black Magic Specialist In Lahore Black magic In Pakistan Kala Ilam Ex...
 
Key note speaker Neum_Admir Softic_ENG.pdf
Key note speaker Neum_Admir Softic_ENG.pdfKey note speaker Neum_Admir Softic_ENG.pdf
Key note speaker Neum_Admir Softic_ENG.pdf
 
ICT Role in 21st Century Education & its Challenges.pptx
ICT Role in 21st Century Education & its Challenges.pptxICT Role in 21st Century Education & its Challenges.pptx
ICT Role in 21st Century Education & its Challenges.pptx
 
2024-NATIONAL-LEARNING-CAMP-AND-OTHER.pptx
2024-NATIONAL-LEARNING-CAMP-AND-OTHER.pptx2024-NATIONAL-LEARNING-CAMP-AND-OTHER.pptx
2024-NATIONAL-LEARNING-CAMP-AND-OTHER.pptx
 
FSB Advising Checklist - Orientation 2024
FSB Advising Checklist - Orientation 2024FSB Advising Checklist - Orientation 2024
FSB Advising Checklist - Orientation 2024
 
REMIFENTANIL: An Ultra short acting opioid.pptx
REMIFENTANIL: An Ultra short acting opioid.pptxREMIFENTANIL: An Ultra short acting opioid.pptx
REMIFENTANIL: An Ultra short acting opioid.pptx
 
Single or Multiple melodic lines structure
Single or Multiple melodic lines structureSingle or Multiple melodic lines structure
Single or Multiple melodic lines structure
 
How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17
 
Beyond_Borders_Understanding_Anime_and_Manga_Fandom_A_Comprehensive_Audience_...
Beyond_Borders_Understanding_Anime_and_Manga_Fandom_A_Comprehensive_Audience_...Beyond_Borders_Understanding_Anime_and_Manga_Fandom_A_Comprehensive_Audience_...
Beyond_Borders_Understanding_Anime_and_Manga_Fandom_A_Comprehensive_Audience_...
 

Introduction Of Quasi Contract , Meaning Of Quasi Contract ,Principle Of Quasi Contact , Kinds of Quasi Contract With Example and Case..

  • 2.  Quasi contact is a binding obligation that is imposed by the courts to avoid injustice or unjust enrichment
  • 3.  An implied-in-law contract imposed by the courts to prevent injustice  A special form of contract that lacks mutual assent of the parties but which imposed on the parties by the courts to avoid injustice  A situation in which there is an obligation as if there was a contract although the technical requirements of a contract have not been fulfilled. It is also called as implied-in-law contract
  • 4.  A party has been enriched by some benefit  The enrichment is at the expense of other.  The retention of the enrichment is unjust.
  • 5. 1. Supply of necessaries to person Incapable of contracting. (sec. 68) 2. Payment by interested person.(sec. 69) 3. Obligation to pay for non-gratuitous acts (sec. 70) 4. Responsibility of finder of goods (sec. 71) 5. When money is paid or things delivered by mistake or under coercion (sec. 72)
  • 6. Any person supplying necessaries of life to person who are incompetent to enter into contract is entitled to claim the price from the other person’s property. Similarly where money is paid to such person for the purchase of necessaries , reimbursement can be claimed
  • 7. The following points must be considered- (i) The things supplied must come within the category of necessaries. (ii) Necessaries should be supplied only to such person to whom he is legally bound to support e.g. wife, children (iii) He is liable to pay only a reasonable price, not the price which he has agreed to pay
  • 8. “A person who is interested in the payment of money which another is bound by law to pay, is entitled to be reimbursed by the other.”
  • 9.  In this case B purchases A`s agricultural land. On that land cess is in arrears for a longer period which are actually to be cleared by A, But B pays that amount. Here Court creates a quasi contract between them under.  Section 69 and thus capacitates B to recover that amount from A.
  • 10.  Plaintiff should be interested in making payment to protect his interest. The interest should be legally recognizable.  It is necessary that the plaintiff himself should not be bound to pay.  The defendant should have been ‘bound by law’ to pay the money.  The plaintiff should have made the payment to another person.
  • 11.  When one party Conducts an activity and its benefit is attained by another party, then also Court can create a quasi Contract.
  • 12.  In this case A is resident of a Village. The local government conducts repairs to the tank situated at A`s village. As a result A gets benefited because the surrounding lands belong to A. Here Court creates a Quasi Contract and decides that A has to bear cost of repairs
  • 13.  A person, who finds goods belonging to some another and takes them into his custody, is subject to the same responsibility as a bailee.  Thus in respect of duties and liabilities, a finder is treated at par with bailee. The finder’s position is therefore considered along with bailment. 
  • 14.  In this case B finds a diamond at A`s shop and hands it over to A, requesting A to send the diamond to true owner. True owner is not found. When true owner is not found. Finder gets the title. No one can claim share in it. Here court creates a bailment contract between B and A and thus capacitates B to get diamond back.
  • 15.  He can sue the owner for the specific reward announced for the return of goods and recover the reward.  He is entitled to recover his lawful charges incurred in preserving the goods and in order to find the true owner.  He can sell the goods if  The goods are perishable in nature  His lawful charges exceed two third of the value of goods.  When after due search, the true owner can not be found.
  • 16.  A person to whom money has been paid or anything delivered by mistake or under coercion must repay or return it.
  • 17.  In this case Mr. A pays Sales tax by mistake though he is need to pay. Here Court creates a quasi Contract and capacitates A to recover that amount