Quasi contracts

 Quasi contracts are the contracts which are not

founded on actual promises.
 The relationship is created by the circumstances,
where one party has done something for another
or paid money on his behalf, and the other person
has enjoyed benefit of the same.
 Thus some legal rights and obligations are created
between the concerned parties even in the
absence of real contract. such kind of contractual
relations are known as quasi contracts.
Quasi contracts….
 Quasi contract rests on the grounds of
equity that a person shall not be allowed to
enrich himself unjustly at the expense of
another.
 The principle unjust enrichment requires
following-
3. The defendant has been enriched by the
receipt of a benefit,
4. The enrichment is at the expense of the
plaintiff,
5. The retention of the enrichment is unjust.
Kinds of quasi contracts.

1. Supply of necessities (Sec.68)

2. Payment by an interested person (Sec.69)
3. Obligation to pay for non gratuitous act
(Sec.70)
4. Responsibility of finder of goods (Sec.71)
5. Mistake or Coercion (Sec.72)
Supply of necessities (Sec.68)

 If a person incapable of entering into a

contract, or anyone 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.
 Payment by an interested person
(Sec.69)
 A person who is interested in the payment of
money which another is bound by law to pay, and
who therefore pays it, is entitled to be reimbursed
by other.
 The essential elements of this provision are:-
 The payment made should be bona fide for the
protection of ones interest.
 The payment should not be voluntary.
 The payment must be such as the other party
was bound by law to pay.
 The payment must not be made to self.
 Obligation to pay for non gratuitous act
(Sec.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 latter is bound to make the
compensation to the former in respect of, or to
restore, the thing so done or delivered.
 The essential elements of this provision are:-
3. The thing must have been done lawfully.
4. The person doing the act should not have intended to
do it gratuitously.
5. The person for whom the act is done must have
enjoyed the benefit of the act.
Responsibility of finder of goods
(Sec.71)
 The law implies an agreement between the
finder of the goods and the owner.
2. Try and find out the true owner.
3. Not to appropriate the property to his own
use.
4. When real owner is traced he must restore
the property to him.
5. The finder is bound to take as much care of
the goods as a man of ordinary prudence
would have under similar conditions, taken
care of his own goods of similar nature.
 Rights of the finder
1. The property shall vest in the finder and he is entitled to
retain it against the whole world, except the true owner.
2. The finder has a lien on goods for expenses incurred by
him in preserving the goods and finding the true owner.
3. Where the owner has declared a reward for the lost
goods, the finder may claim such reward and retain the
goods till he gets it.
4. Where the owner refuses to pay the lawful charges of the
finder he can sell the goods –
 When the goods are in danger of being perished, or
 When such lawful charges amount to two thirds of the
value of goods or more.
Mistake or Coercion (Sec.72)

 A person to whom money has been paid, or

anything delivered, by mistake or under
coercion, must repay or return it to the person
who paid it by mistake or under coercion.