Quasi Contract

Question 1

Intro

Answer 1

1. Based on equity and justice ( Moess vs Macferlan)
2. Nature of contract
   - right in personam
   - fixed by law , no original contract between parties
   - always a rt to money ( liquidated or unliquidated damage )
3. In line with principle of unjust enrichment ( Mahabir Kishore vs MP )
   - d enriched
   - at expense of p
   - retention is unjust
   All the above leads to need for restitution

Dealt by sec 68-72

Question 2

1. Necessities

Answer 2

1. State, degree and station
2. depends on circumstance
3. Minor not personally liable only property

Ex : a minor already having ample amount of clothes , P gave lot of fancy clothes including expensive waistcoats

Question 3

2. Interested person paying

Answer 3

1. Essential
   - defendant under legal obligation to pay ( not moral )
   - plaintiff not under obligation to pay
   - plaintiff interested in paying to protect his own interest
   - payment should be payed by one party to some other party

A lease land to B , payment arrears, govt put up for sale

Question 4

3. Non gratuitous act

Answer 4

1. Essentials
   - lawfully do or deliver something
   - no intent to act gratuitously
   - recipient enjoys benefit
2. Law might hold the other to pay reasonable amount for time and labor furnished

Ex: p builds market for municipality under a contract which didn’t have seal of municipality

Question 5

4. Finder of lost goods

Answer 5

1. Duty as a bailee
2. Rights
   - sue for specific rewards
   - rt of lien if owner doesn’t pay lawful charges
   - rt to sell- when owner can’t be found, doesn’t pay, danger of perishing

Question 6

5. Money paid under mistake or coercion

Answer 6

1. Can be recovered to prevent unjust enrichment
2. Insurance company paid thinking goods perished

Question 7

Contract vs quasi contract

Answer 7

1. Essence
2. Essential elements for formation of valid contracts
   3.,consent
3. Liabilities- agreement vs conduct
   5.rights in rem and personam vs rts in r personam