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Chapter-V, section 68 to section 72 of the Indian Contract Act, 1872, speaks about a “quasi-contract” or certain family members resembling those created by way of contracts. These family members resembling a contract are recognised as contracts implied in law or a quasi-contract. It is, however, not an actual contract, as it is called, a consensual contract-based totally on the parties’ agreement.
These tasks come into existence with the aid of fiction of law. The concept of quasi is derived from the Roman law “obligation quasi ex contractu”. A quasi-contract is not an actual contract entered into by way of parties intentionally. In fact, it is not a contract at all because the essential factors for the formation of a contract are absent. It is a statutory requirement.
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Meaning of Quasi-Contract
A quasi contract means something with quasi ability, or something that appears to be something, however, it is not truly so. A contract is a potential agreement, oral or written, enforceable by using the law. A quasi-contract is a retroactive association between two events with no previous obligations to one another. It is a contract created by means of a court’s order in the absence of any agreement between the parties.
Salient Facets of Quasi Contractual Rights
- A quasi-contract is not longer than an actual contract.
- It is no longer based upon the offer and acceptance rule.
- It does not occur from any formal agreement but is imposed by means of law.
- It is a right that is reachable no longer against the whole world but against a specific man or woman.
- It is based on the idea of equity, appropriate conscience, justice, and ideas of herbal justice.
The Doctrine of Quasi Contracts
Unjust enrichment means that an individual shall not be allowed to enrich himself at the expense of unknown parties. Quantum meruit or “the actual value of services operate” determines the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work carried out but achieved under instances when charges ought to be expected.
Types of Quasi Contract
1. Supply of Necessities to Incapable Persons (Section 68):
If a man or woman is incapable of entering into a contract, or all people whom he is legally sure to support is supplied by means of any other person with necessaries, applicable to his condition in life, the man or woman who has furnished such resources is entitled to be reimbursed from the property of such an incapable person.
2. Payment by Way of a Fascinated Character (Section 69):
According to section 69, an individual who is willing in a monetary fee that anyone else is bound to pay, and who, as a result, may pay it, is entitled to compensation from the other.
3. Obligation to Pay Gratuitous Non-Acts (section 70):
According to section 70, when a person lawfully does or gives you something for the other, no longer intending to do so gratuitously, and the person derives any gain from it, he is responsible for compensating or fixing the factor so done or delivered.
4. Responsibility of Finder of Goods (section 71):
According to section 71, a man or woman who finds goods of someone else and takes them into his custody is a concern to identical accountability as the bailee is sure to take a lot care of the items as a man of everyday prudence would.
In addition to that, he ought to make efforts to trace the owner. If not, he will be responsible for one-sided conversation. Until the proprietor is observed, the property will vest with the finder; he can sell in case items are perishable, the owner cannot be found, the proprietor refuses to pay for the legal fees etc.
5. Payment of Delivery via Mistake or Coercion (section 72):
“Liability of individuals to whom cash is paid, or issue delivered by way of mistake or coercion.” It is the capacity of the liability of the person to whom cash is paid or matters delivered by using mistakes or beneath coercion, to repay the money or return the goods to the proper owner.
Conclusion
A quasi-contract concludes that the principle of a quasi-contract is frequently overlooked. However, it still holds an important place when you consider that the precept is grounded on ideas of justice and equity. It can be concluded that quasi contracts are no longer contracts as per the Indian Contract Act 1872. However, several tasks are imposed with the aid of law and only in favourable situations. Quasi-contracts only create duty so that there is no unjust enrichment on one party.
A quasi-contract exists in the absence of a written contract. It may additionally be a court docket ordered to keep away from one party gaining at the fee of another party’s actions. However, the simple nature and essence of the principle remain identical besides any drastic change.
