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Quasi Contracts Questions and Answers

1.

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 ?

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.

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2.

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

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.

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