Claim for necessaries | Solve the problem referring to relevant law: ‘A’ supplies ‘B’, who is a lunatic, with necessaries suitable to his condition in life. ‘A’ is entitled to be reimbursed from ‘B’s property

Question: Claim for necessaries | Solve the problem referring to relevant law: ‘A’ supplies ‘B’, who is a lunatic, with necessaries suitable to his condition in life. ‘A’ is entitled to be reimbursed from ‘B’s property [UPJS 2015].

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Answer

Section 68 in The Indian Contract Act, 1872 lays down provision for Claim for necessaries supplied to person incapable of contracting, or on his account.

If a person, incapable of entering into a contract, or anyone whom 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.

Thus, where necessaries are supplied to a person who is incompetent to contract or to someone whom he is legally bound to support, the supplier is entitled to recover the price from the property of the incompetent person.

The facts of the above proposition have been borrowed from the Illustration (a) appended to Section 68 of The Indian Contract Act, 1872.

Here, ‘A’ supplies ‘B’, a lunatic, with necessaries suitable to his condition in life. ‘A’ is entitled to be reimbursed from B’s property.

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Law of Contract Mains Questions Series: Important Questions for Judiciary, APO & University Exams

1. Law of Contract Mains Questions Series Part-I
2. Law of Contract Mains Questions Series Part-II
3. Law of Contract Mains Questions Series Part-III
4. Law of Contract Mains Questions Series Part-IV
5. Law of Contract Mains Questions Series Part-V
6. Law of Contract Mains Questions Series Part-VI
7. Law of Contract Mains Questions Series Part-VII
8. Law of Contract Mains Questions Series Part-VIII
9. Law of Contract Mains Questions Series Part-IX
10. Law of Contract Mains Questions Series Part-X