Friday, November 19, 2010

What is Quasi contract


There are many situations in which law as well as justice require that a certain person be required to conform to an obligation, although he has neither broken any  contract not committed any tort.
In other word- Quasi contract are exceptional kinds of contracts by which one party is bound to pay money in consideration of something done or suffer by the other party which are not based on actual promises.
Quasi Contract arises when one person has done something for another or paid money on his behalf to third party then the court comes forward on the round of equity saying that the person receiving the benefit must make compensation to the otherwise he would become rich on the expenses of the other
For example, a person in whose home certain goods have been left by mistake is bound to restore them. Such obligations are generally described, for want of a better or more appropriate name, as quasi-contractual obligations.
Provisions in English Law
English law note consider it as a contract because there is no intention to enter into one but a s the results resemble those of a contract they are called the quasi contract. And also it is not implied contract as in an implied contract also there is intention to enter in to a contract.
Provisions of the Indian Contract Act-

Chapter V of the Indian Contract Act deals with such situations under the heading of- Certain relations resembling those created by contract. The chapter avoids the word –quasi contract and in view of the clear statutory authorization the court in India are not hindered in allowing relief under the different section of Act by the theoretical considerations concerning quasi contract.


Rational
Theory of unjust Enrichment-
The theory on which quasi-contractual obligations are based is not yet finally settled. Lord Mansfiled who is considered to be the real founder of such obligations, explained them on the principle that law as well as justice should try to prevent Unjust enrichment that is, enrichment of one person at the cost of another.
He propounded this theory in Moses v/s Macferlan
A liability of this kind is hard to classify. Partly it resembles liability under the law of tort in as much as it arises independently of any contract. Partly it resembles contract in as much as it is owed only to one party and not to person generally.
Thus it can be accounted for either under an implied contract or under natural justice and equity for the prevention of unjust enrichment.


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Friday, November 19, 2010

What is Quasi contract


There are many situations in which law as well as justice require that a certain person be required to conform to an obligation, although he has neither broken any  contract not committed any tort.
In other word- Quasi contract are exceptional kinds of contracts by which one party is bound to pay money in consideration of something done or suffer by the other party which are not based on actual promises.
Quasi Contract arises when one person has done something for another or paid money on his behalf to third party then the court comes forward on the round of equity saying that the person receiving the benefit must make compensation to the otherwise he would become rich on the expenses of the other
For example, a person in whose home certain goods have been left by mistake is bound to restore them. Such obligations are generally described, for want of a better or more appropriate name, as quasi-contractual obligations.
Provisions in English Law
English law note consider it as a contract because there is no intention to enter into one but a s the results resemble those of a contract they are called the quasi contract. And also it is not implied contract as in an implied contract also there is intention to enter in to a contract.
Provisions of the Indian Contract Act-

Chapter V of the Indian Contract Act deals with such situations under the heading of- Certain relations resembling those created by contract. The chapter avoids the word –quasi contract and in view of the clear statutory authorization the court in India are not hindered in allowing relief under the different section of Act by the theoretical considerations concerning quasi contract.


Rational
Theory of unjust Enrichment-
The theory on which quasi-contractual obligations are based is not yet finally settled. Lord Mansfiled who is considered to be the real founder of such obligations, explained them on the principle that law as well as justice should try to prevent Unjust enrichment that is, enrichment of one person at the cost of another.
He propounded this theory in Moses v/s Macferlan
A liability of this kind is hard to classify. Partly it resembles liability under the law of tort in as much as it arises independently of any contract. Partly it resembles contract in as much as it is owed only to one party and not to person generally.
Thus it can be accounted for either under an implied contract or under natural justice and equity for the prevention of unjust enrichment.


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