Friday, September 11, 2009

Quasi Contracts

DEFINATION

 A quasi contract is the existence of a contract which is not legitimately done but the terms are accepted and followed as if there is a legitimate contract. Many of the casual jobs are quasi contracts as such though it is not there it is apparently present and accepted by the parties
KINDS OF QUASI CONTRACT

 Supply of necessaries
 Payment by an interested person
 Obligation to pay for non-gratuitous acts
 Responsibilities of finder of goods
 Mistake or coercion

SUPPLY OF NECESSITIES (Sec.68)
 Ex. A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B's property

PAYMENT BY AN INTERSTED PERSON (sec. 69)
 A person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other.


OBLIGATION TO PAY FOR NON-GRATUITOUS ACTS (Sec. 70)
 When a person lawfully does anything for another person or delivers anything 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 things so done or delivered.


RESPONSIBILITIES OF FINDER OF GOODS (Sec. 71)
 A person, who finds goods of another and takes them into his custody, is subject to the same responsibilities as for his own goods.


MISTAKE OR COERCION (Sec. 72
 A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it to the person who paid it by mistake or under coercion.

QUANTUM MERUIT

 Quantum meruit means ‘as much as earned’
 The principle is that even when contract comes to a premature end, the party should get amount proportional to the work done/services provided/goods supplied by one party

No comments:

Post a Comment