QUASI

CONTRACTS

Deepak Kumar,
Vivek Chaudhary,
Saurabh Vasudeva
 Quasi contracts
(Section 68-72)

 In certain circumstances contracts are imposed by

law although the parties have never entered into a
contract

 Such obligations imposed by law are referred to as

Quasi contracts or Constructive contracts.
 Quasi Contracts Under The Indian Contract act
The Contract Act deal with Quasi Contractual Obligation
under section 68 to 72, which are-:
1. Claim for necessaries supplied to a person
incapable of contracting.
2. Payment by an interested person
3. Obligation of person enjoying benefit of
non-gratuitous act.
4. Responsibility of finders of goods.
5. Liability of person to whom money is paid , or
things delivered by mistake.
 1).Claim for necessaries supplied to a
person incapable of contracting.

If a person, incapable of entering into a contract, or

any one who is legally bound to support, is supplied
by another person with necessaries suited to his
conditions in life ,the person who has furnished such
supplies is entitled to be reimbursed from the
property of such incapable person.
 2).Payment by an interested person

Under section 69 of the Act, a person, who is

interested in payment of money which was supposed
to be paid by another but pays it, is entitled for
reimbursement from the said person.
 3).Obligation of person enjoying benefit of
non-gratuitous act.
Where a person lawfully does any thing for another
person, or delivers any thing to him, not intending to
do so gratuitously, and such other person enjoys the
benefit thereof, the latter is bound to make
compensation to the former in respect of, or to
restore the thing so done or deliver.
 4).Responsibility of finders of goods.

Under section 71 of the Act, a person who finds goods

belonging to another person and takes them into his
custody is subject to the same responsibility as a
bailee .”Thus an agreement is also implied by law
between the owner and finder of goods the later is
deemed to be a bailee.
 Duties of Finder of Goods
1. He must try to find to find out the real owner of the
goods and must not appropriate the property to his
own use.
2. If the real owner is traced , he must restore the
goods to him on his demands. If he doesn’t take
these measures, he will be guilty of criminal mis-
appropriation of the property under section 403 of
Indian penal code.
3. Till the goods are in possession of the finder ,he
must take as much care of the goods as a man of
ordinary prudence would.
 Rights of finder of goods
 He is entitled to receive from the true owner ,all
expenses incurred by him for preserving the goods
or finding the true owner.

 He can refuse to return the goods to true owner

until these moneys are paid.
The Finder of goods is entitled to sell the goods ,in
the following situations-:
1. when the thing is in danger of perishing or losing
the greater part of its value.

2. when the lawful charges of the finder amount to

at least two–third of the value of goods.
5).Liability of person to whom money is
paid , or things delivered by mistake.

Under section 72 of the Act, a person who receives

money or goods by mistake or under compulsion is
liable to return it.
THANK YOU