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Discussion

A supplies the wife and children of B, a lunatic, with necessaries suitable to the style of their living. Whether A can claim the reimbursed from B's property under which section of certain relations resembling those created by contract ?

  • A.68
  • B.69
  • C.70
  • D.71

Answer: A

The claim lies under Section 68 of the Indian Contract Act, 1872.

Section 68 provides that if a person incapable of entering into a contract, or anyone whom he is legally bound to support, is supplied with necessaries suited to his condition in life, the person who supplied them is entitled to be reimbursed from the property of the incapable person. Its illustration (b) is exactly the case of a person who supplies the wife and children of a lunatic with necessaries.

Section 69 covers a person who pays money due by another, Section 70 a person enjoying the benefit of a non-gratuitous act, and Section 71 the finder of goods.

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