Write short notes on Quasi-Contract.
Find the answer to the mains question of the Law of Contract only on Legal Bites.
Question: Write short notes on Quasi Contract.Find the answer to the mains question of the Law of Contract only on Legal Bites. [Write short notes on Quasi Contract.]AnswerA quasi-contract deals with the rights or responsibilities resulting from agreements identical to those established by the contract. It is not a real contract and is therefore pointed to as a non-consensual contract dependent on a party’s consent. English Law defined quasi-contractual obligations first.The quasi-contract...
Question: Write short notes on Quasi Contract.
Find the answer to the mains question of the Law of Contract only on Legal Bites. [Write short notes on Quasi Contract.]
Answer
A quasi-contract deals with the rights or responsibilities resulting from agreements identical to those established by the contract. It is not a real contract and is therefore pointed to as a non-consensual contract dependent on a party’s consent. English Law defined quasi-contractual obligations first.
The quasi-contract is based on the concept of equality and justice and forbids one person from being enriched at the detriment of another, i.e., a contract where either party has no intention of making a bond, but the statute enforces the contract.
While the Indian Contract Act of 1872 does not describe a quasi-contract, it terms it as a contract-like partnership. A quasi-contract can, however, be characterised as a transaction in which there is no contract between the parties; certain rights and obligations between the parties are created by law that are similar to those created by the contract. Certain relations resemble contracts.
It is the agreement of the individual that imposes the obligations in the case of contracts but the agreement is not a matter of quasi-contracts, it is the statute itself or natural equity that creates commitments.
A quasi-contract is based on the reason that a person is not permitted to privilege himself unjustly to the detriment of another person.
The Indian Contract Act 1872 has mentioned 5 situations that are deemed to be Quasi-contracts or quasi-contracts are imposed.
Section 68 - Necessaries supplied to a person who is incapable of contracting.
Section 69 - Reimbursement by an interested party.
Section 70 - Obligation of a person who enjoys the benefit of any non-gratuitous act.
Section 71 - Finder of the goods.
Section 72 - Liability of a person to whom payment is made, by mistake or under coercion.
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