Quasi-Contracts In India
K. Mihira Chakravarthy, Damodaram Sanjivayya National Law University.*
Quasi-contracts are the fictional contracts identified by the courts. This concept was present in the Roman law which was later opted in the English law and the Indian courts have adopted this concept by making a few changes to apply it in the country. The basic grounds of the quasi-contracts to prevent people from taking the benefit of other’s expense. These contracts are also known as implied contracts. The offer and agreement between parties is not required for a party to be held liable for taking advantage of another party’s expense. The provisions present in Indian Contract Act 1872, contains quasi-contracts in Chapter V, from Section 68 to Section 72 i.e., Claim for necessaries supplied to person incapable of contracting, or on his account; Reimbursement of person paying money due by another, in payment of which he is interested; Obligation of person enjoying benefit of non-gratuitous act; Responsibility of finder of goods and Liability of person to whom money is paid, or thing delivered, by mistake or under coercion. Though there are many dissimilarities between the contracts and quasi-contracts. However, Section 73 of the Indian Contract Act, 1872 offers remedies for the breach of quasi-contracts in the same way as the Indian Contract Act, 1872 enables remedies for the breach of express contracts in other sections, the claim for damages is quite similar to that of contracts. Under the Indian Contract Act of 1872, remedies are available under a quasi-contract.
Keywords: Quasi Contracts, Indian Contract Act 1872, Unjust Enrichment, Implied in-fact Contracts, Quantum Merit, Implied Assumpsit.
* K. Mihira Chakravarthy is a 1st year B.A. L.L.B. (Hons.) student at Damodaram Sanjivayya National Law University, Visakhapatnam.