What are the provisions in the Indian Contract Act related to Quasi-contracts?
In Contract Awareness Forum
Jan 22, 2021
In India, broadly, quasi contracts as a concept has been discussed and incorporated under Indian Contract Act, 1872 in Chapter V , from sections 68 to 72 of the same.There exists certain responsibilities which by nature are not contractual, but are identical to the contractual obligations and the law as well as the justice require that certain person or persons , must conform to such obligation nevertheless the fact that no contractual breach was ever committed by him . Therefore, the law considers them as contracts founded on the theory of equity. More generally, such situations are known as quasi contracts. The rationale behind existence of quasi-contractual obligations could be very well derived from the two theories broadly first being the theory of unjust enrichment i.e. the enrichment of one person at the cost of another, this principle came from the old maxim of Roman law ‘Nemo debet locupletari ex aliena jactura’ which means that no man must grow rich because of one’s personal loss. Broadly these includes – 1) Claim for necessaries given to or on behalf of an individual incapable of contracting 2)Reimbursement of person paying money due by another in payment of which he is interested 3) Responsibility of the person who had reaped benefits from a non-gratuitous act of another 4) Liability of the finder of goods 5) Liability of the person to whom the money is paid or a thing delivered by force or under a mistake