QUASI CONTRACT

In the Indian Contract Act, 1872, the term "quasi-contract" is not explicitly used.
Instead, the Act refers to certain situations as "certain relations resembling those
created by contract." These situations are covered under Sections 68 to 72 of the
Indian Contract Act, and they are similar to the concept of quasi-contracts in other
legal systems.

Here is an overview of the relevant sections:

Section 68 - Claim for Necessaries Supplied to Person Incapable of Contracting:

This section deals with situations where a person who is incapable of entering into
a contract (e.g., a minor or a person of unsound mind) is supplied with necessaries
(essential goods and services).

The person who has supplied these necessaries is entitled to be reimbursed from
the property of the incapable person.

Section 69 - Reimbursement of Person Paying Money Due by Another, in Payment

of Which He is Interested:

If a person, in good faith, pays money on behalf of another person, and he is

interested in the payment (i.e., he has a genuine interest in the obligation being
discharged), he can recover the amount from the person for whom the payment
was made.

Section 70 - Obligation of Person Enjoying Benefit of Non-gratuitous Act:

This section deals with situations where a person enjoys the benefit of a non-
gratuitous act performed by another. If a person lawfully does something for
another person, and that other person enjoys the benefit, the latter is bound to
compensate the former.

This is similar to the principle of unjust enrichment, where one party should not
be unjustly enriched at the expense of another.

Section 71 - Responsibility of Finder of Goods:

If a person finds goods belonging to another and takes them into his custody, he is
subject to the same responsibilities as a bailee (someone entrusted with the
property of another) under certain circumstances.

If the real owner of the goods is known, the finder must take reasonable steps to
find and return them. If the owner is not known, the finder must use the goods for
the benefit of the true owner or keep them in a way that the true owner may
recover them.

Section 72 - Liability of Person to Whom Money is Paid, or Thing Delivered, by

Mistake or Under Coercion:

If money is paid or a thing is delivered to a person by mistake or under coercion,

that person is bound to repay or return it.

This section emphasizes the principle of restitution in situations where a person

has received something not due to him.

These sections collectively cover situations where the law implies an obligation to
prevent unjust enrichment or to ensure fairness in various circumstances, even in
the absence of a formal contract.

TENDER OF PERFORMANCE
Tender of performance" refers to the offer or attempt by one party to fulfill their
contractual obligations by performing the agreed-upon terms and conditions of
the contract. In essence, it is a demonstration of the party's readiness and
willingness to carry out their part of the contract. This concept is particularly
relevant in the context of contracts governed by common law systems.

Here are the key points to understand about tender of performance:

Contractual Obligations:

Tender of performance is associated with contracts, where one party has a duty to
perform according to the terms and conditions specified in the agreement.

Voluntary Offer:

It is a voluntary offer by one party to perform its contractual obligations. The party
making the tender is typically expressing its readiness and ability to fulfill the
terms of the contract.

Timing:

Tender of performance can occur at the time specified in the contract or within a
reasonable time if the contract does not specify a particular time. It is crucial for
the party making the tender to adhere to the timelines stipulated in the contract.

Effect on Obligations:

Once a valid tender of performance is made, the party making the tender is
considered to have fulfilled its contractual obligation to perform. At this point, the
other party is generally obligated to accept the performance and fulfill any
corresponding obligations, such as making payment.

Payment and Acceptance:

In many contracts, especially those involving the exchange of goods or services,

the party making the tender expects payment upon the acceptance of the
performance. The other party is required to accept the performance in
accordance with the terms of the contract.

Refusal or Rejection:

If the party receiving the tender believes that the performance is not in
accordance with the contract, they may refuse to accept it. However, this refusal
must be justified, and the rejecting party must clearly communicate the reasons
for the rejection.

Legal Implications:

Tender of performance can have legal implications. If one party fails to tender
performance as required by the contract, the other party may have legal
remedies, such as the right to sue for damages or specific performance.

In summary, tender of performance is a critical step in the performance of a

contract. It represents the offer to fulfill contractual obligations and can have
significant legal consequences if not properly executed or if the other party fails to
accept the tender in accordance with the contract terms.