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Law of Contract

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adhivensan
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2 views2 pages

Law of Contract

Uploaded by

adhivensan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Introduction:

The term of contract is defined in the Section 2(h) of the


Indian Contract Act of 1872, that “an agreement should be
enforceable by law.”Quasi contract is not clearly defined in
the Law of Contract. But there are some provisions/sections
(68 to 72) which tells about quasi contract. The term quasi
contract is the combination of two words, “quasi” and
“contract.” Quasi means “Psuedo”, which is not a real
contract. It is not a contract. The main point of quasi contract
is the finder of goods.
Meaning of Quasi Contract:
Quasi contract is different from a simple contract. In a quasi
contract, there is no need of offer, acceptance, promise,
consideration, agreement and all other procedures of a
contract. It refers to obligations created by law between
parties even in the absence of a formal contract. It is not a
real contract but resembles contractual relation. Parties are
not intended to enter into a contract but they are entered by
the law. Quasi contact is also known as “Resembling
contract.” It is based on the maxim “No man must grow rich
out of another person’s loss.” It means if a person suffers a
loss because of the another person’s negligence, the another
person will be liable to compensate the person. There is a
famous principle in quasi contract that “ Prevention of unjust
enrichment of one person at the cost of another.” If a person
gets something related to another person he has duty to
search he person and return him that thing.
Illustrations:
1. A wanted to deliver some goods to B but by mistake he left
the goods at the house of C. C was very happy to get the
goods. He thought that someone sent the goods to him as
a gift. C used the goods. He didn’t know about the reality.
But after some days he came to know that A left the goods
by mistake at his address. C paid money for the goods
because he was obliged to pay. There was no contract
between A and C.
2. A ordered two new white shirts online. After some days B
brought his order of shirts. But by mistake he delivered the
shirts to A’s neighbor. So, the neighbor has duty to return
the shirts to A. The neighbor has no contract with B.

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