Tuesday, 9 August 2011

Write a comprehensive note on the Quasi Contract or Implied Contract and also discuss the various conditions of Quasi Contracts?

Quasi Contract or Implied Contracts Implies in Law :-
Sometimes on the basis of equity and justice legal sanction is given to some contracts. In fact these contracts are not between the parties and mutual consent of the parties is also not required. Rights and duties between the parties are created by law. So quasi contract or implied contract is a contract which is constituted by law. Quasi contract is applicable on the following cases :

1. Supply of Necessaries To a Minor or Lunatic :-
Necessaries means goods suitable to the condition in life of minor or lunatic person. If a person is incapable to enter into a contract. Any one person who is legally bound t support, provides the "Necessaries" according the life conditions of the minor or lunatic. He is also entitled to recover the value from the property for such incapable person.

Example :- Mr. Jonny supplies Mr. Honny (a minor) with necessaries suitable to its condition of life. Mr. Jonny is entitled to reimbursed the value of necessaries from the property of Mr. Honny.

2. Finder of Goods :-
Sometimes a person finds the goods on the roads or on any place which belong to any other person. He takes them into his own custody. He is also entitled to recover compensation for the trouble in taking the case of goods and finding the owner of the good.

3. Liability of One Person But Paid By Other Can Be Recovered :-
Sometimes one person pays the money for the other person but not as a free gift. Any person on whose behalf money is paid enjoys benefits. So he is also bound to make compensation to his benefactor.

Example :- Suppose Mr. Akram holds the factory of Mr. Nisar on lease. The tax payable by Mr. Nisar to the government being in arrears, the factory is advertised for sale by the government. Under the law it will also effect the benefits of Mr. Nisar's lease. Mr. Nisar to prevent the sale pays tax to the government, the sum due from Mr. Akram. Mr. Akram is bound to compensate to Mr. Nisar by paying the such amount.

4. Mistake and Coercion :-
If money or any other thing delivered by mistake or coercion to another person can be recovered. It is the liability of that person to repay who has taken.

Example :- Suppose Mr. Nawab a salesman leaves a packet of Soap at the shop of Mr. Riaz by mistake. Now it is the liability of Mr. Riaz that he should repay it.

5. Non Gratuitous Act :-
Contract section is says, " That when one person lawfully does any thing for another or delivers any thing to him, not intending to give as a free gift, other person also enjoys benefits, the later is bound to make compensation to the former.


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