Quasi Contracts Questions and Answers

Q: 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 ?

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.

Q: A and B jointly owe Rs. 100 to C. A alone pays the amount to C and B not knowing the fact pays Rs. 100 again to C. Whether B can.

B can recover the amount under Section 72 of the Contract Act.Section 72 provides that a person to whom money has been paid by mistake or under coercion must repay or return it. The facts of the question are its own illustration: A has already paid the joint debt, so B's second payment, made in ignorance, was made by mistake, and C must repay it to B.Section 70 concerns lawful acts done non-gratuitously for another who enjoys the benefit, and Section 71 the responsibility of a finder of goods. So B's remedy is under Section 72, and 'can't recover' is wrong.

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

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

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.

Discuss in Forum

No one can enrich at the expense of the other signifies.

A.Damages
B.Penalty
C.Quasicontract
D.Compensation

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: C

The principle that no one should be enriched at another's expense signifies quasi-contract.

Quasi-contracts (sections 68 to 72 of the Contract Act) create obligations resembling those of a contract where there is no agreement, to prevent unjust enrichment. Examples are the duty to pay for necessaries supplied to a person incapable of contracting, to repay money paid by mistake, and to pay for a non-gratuitous benefit enjoyed.

Damages and compensation are remedies for breach, and a penalty is a sum stipulated to deter breach; none is the doctrine against unjust enrichment.

Discuss in Forum

A and B jointly owe Rs. 100 to C. A alone pays the amount to C and B not knowing the fact pays Rs. 100 again to C. Whether B can.

A.recover the amount U/s 71 of the Contract Act, 1872
B.recover the amount U/s 72 of the Contract Act, 1872
C.Can't recover the amount
D.Recover the amount U/s 70 of the Contract Act, 1872

Exam Year(s)

MH SET - 2025, SET Exam - 2025,

Answer: B

B can recover the amount under Section 72 of the Contract Act.

Section 72 provides that a person to whom money has been paid by mistake or under coercion must repay or return it. The facts of the question are its own illustration: A has already paid the joint debt, so B's second payment, made in ignorance, was made by mistake, and C must repay it to B.

Section 70 concerns lawful acts done non-gratuitously for another who enjoys the benefit, and Section 71 the responsibility of a finder of goods. So B's remedy is under Section 72, and 'can't recover' is wrong.

Discuss in Forum

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